1. Terms & Conditions
2. The Electronic Commerce (EC Directive) Regulations 2002
3. Data Protection Act 1998 and Privacy
4. Consumer Protection (Distance Selling) Regulations 2000
5. Other general terms and information
1.1
In these terms and conditions: “Conditions” means these terms and conditions of sale; “Contract” means the contract for the sale by us and purchase by you of our Goods and/or Services; “Goods” means any goods, items or products supplied by us following your Order; “Order” means an order made by you for the supply of Goods by us; “Price” means the price of the Goods, plus any delivery charges; “our, us, we” means Lapaloosa Ltd whose principal place of business is Ellesmere House, South Street, Castle Cary, Somerset, BA7 7EX; “you and your” means the person who buys or agrees to buy Goods from us; Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
1.2 Basis of Sale
By clicking on purchase at the checkout section of the website, you are undertaking to order and buy the Goods at the Prices indicated or agreed to. An Order taken over the telephone is final once payment has been taken and the call has ended.
1.3 Orders
For items ordered offline, following your initial enquiry we will provide you with a quotation setting out details of pricing, delivery times, any additional charges and terms relating to your specific commission. Note that items ordered offline are typically made to order and therefore any prices and delivery times set out on the website are indicative.
Any quotations made by us constitute an invitation to you to make an offer on the terms set out in the quotation. A binding contract (which will be subject to these terms and conditions) will exist between us when we accept your offer All quotations are given subject to our right to alter or withdraw them without notice.
After placing an Order with us we will email you a confirmation of the Order details in writing. The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer. You must notify us of any errors in the Order within 48 hours of receiving confirmation of the Order from us. If you do not receive your order confirmation within 48 hours, please contact us immediately by phone. If you fail to do so, we shall be entitled to assume that you are satisfied with the Order as detailed in the confirmation. If you fail to check the Order confirmation properly and need to make changes to the order subsequently, we reserve the right to charge for the changes as necessary. The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
1.4 Samples
1.4.1
We have tried hard to represent samples or examples of our products as accurately as possible on the website using state of the art photography and digital imaging. However, colours will vary between computer screens and this is out of our control. Therefore, we strongly recommend that you request a viewing of our specimen product(s) if this is possible prior to ordering unless slight differences in appearance are not important to your decision to order.
1.4.2
Any sample or example of our goods, products or items are a close representation of those which you choose but not as an exact match as there are often slight variations in colour between material batches. In cases where this is critical, we will endeavour to arrange for any relevant sample of a current batch of material(s) to be sent to you for your inspection and reserved for you if you wish so as to proceed with an order for it.
1.5 Measuring
Goods may be manufactured in accordance with measurements provided by you. If you are unsure, you can call us for advice and clarification. We cannot accept returns for goods incorrectly measured and/or previously agreed to be satisfactory by you.
1.6 Delivery, Risk & Ownership
1.6.1
Any delivery dates or times agreed are estimates only and while we make all reasonable efforts to deliver the goods at a date and time agreed between you and us and we will not be responsible for any losses caused to the buyer as a result of late delivery. Should you fail to take delivery in the time and date specified additional delivery and storage charges may be incurred. If for any logistical or other reason particular goods are out of stock or unavailable, delays may occur and we will notify you of these delays as soon as possible and make a new arrangement and/or agreement for a new date of delivery.
1.6.2
Once your order is complete as agreed between you and Lalaloosa Ltd., it will be sent directly to you by courier or by another method agreed between you and Lapaloosa Ltd. Delivery can usually be any time during the day but it is important that all matters concerning delivery are carefully arranged between you and Lapaloosa in order to deliver goods safely and correctly. The courier will require a signature.
1.6.3
If we arrange a collection of goods from you, for whatever reason, you are required to package the goods adequately (ideally in the original protective wrapping and box or in the best alternative you can arrange) for transport by courier. We will not be responsible for any damage as a result of poor packaging.
1.6.4
You will own the goods we supply you from the moment they are put in the hands of the postal service, or with our carriers, or on payment in full of the price of the Goods and any delivery charge, whichever is later.
1.6.5
As soon as we have delivered the goods or services, you will be responsible for them and we will not be liable for their loss or destruction. Therefore, you would need to take necessary steps to insure the items. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them.
1.6.6
You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
1.7 Pricing
1.7.1
The Price of the Goods shall be either as advertised on our website or as by prior written and signed agreement between you and Us.
1.7.2
We will agree and confirm the price of any good(s) you have ordered plus delivery charges at the time you place your Order with us.
1.7.3
We reserve the right to change prices and specifications without notice.
1.7.4
We shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 1.5% per annum above the base rate of the Bank of England.
1.7.5
The price of the goods and services is inclusive of Value Added Tax which is charged at the rate prevailing at the relevant tax point.
1.8 Payment Terms
Because all our goods are custom-designed for you and cannot be resold, we require payment in full at the time of placing the order. This can be done using a debit or credit card on the website or over the phone by providing us with the relevant details. An Order will not be processed unless we have received the funds in full.
1.9 Cancelling Orders, Refunds Title & Risk
1.9.1
Because all our products are custom-made to your request and/or specifications, they cannot be resold and are also not subject to the Distance Selling Regulations. Therefore it is important that you are sure of your order details before you place an Order with Us. You can cancel an order for whatever reason and receive a full refund within 24 hours of placing it.
1.9.2 Cancellation
If you wish to cancel an order, please contact us to discuss. As all items ordered offline are bespoke, you are not entitled to cancel the order later than 7 days after we have notified you of our acceptance without incurring a cancellation fee. The cancellation fee will be 30% of the value of the order.
1.9.3
If, for some other reason, you receive the goods and consequently receive a refund and then fail to return the Goods to us, we shall be entitled to charge you for the costs of collecting the Goods from you. This amount can be deducted from any refund due to you.
1.9.4 Title & Risk
Risk shall pass on delivery of the Goods to the Buyer’s address.
1.9.5
Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
1.9.6
Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
1.9.7
The Seller may at any time before title passes and without any liability to the Buyer:
1.9.7 (a)repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
1.9.7 (b)for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
1.9.8
The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
1.10 Guarantee
1.10.1
Our products are custom-made according to specifications agreed to and provided by you and therefore we cannot accept returns or refunds on the products for any aspect of the product which has been determined and agreed by you including and not limited to incorrect stipulations of measurements materials or any other such choices.
1.10.2
We will accept returns and consider replacements or full or partial refunds if there is a significant problem with the quality of manufacture or faults with the fabric. You shall not be entitled to reject the Goods where the alleged defect or breach of contract is so slight that it would be unreasonable for you to do so.
1.10.3
Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification should be notified to us on discovery. Any valid claim of this sort shall not be accepted by us unless made within 7 days from the date of delivery of the Goods.
1.11 Claims Under Guarantee
1.11.1
In the event of a claim under guarantee occurring, please contact us as soon as in writing to Lapaloosa Ltd., Ellesmere House, South Street, Castle Cary, Somerset, BA7 7EX.
1.11.2
We will endeavour to repair or replace the defective goods free of charge in a timely manner. If a repair is not possible, you will be offered a replacement and only if a suitable replacement is not available will you be offered a refund.
1.11.3
We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered goods, over and above the value of the goods themselves. This does not affect your statutory rights.
1.11.4
Our guarantees are limited to goods sold and retained in the United Kingdom, and used solely for private and domestic purposes.
12 Errors
In the event that a product is listed at an incorrect price due to a technical, administrative or other reason, we reserve the right to refuse your order whether or not the order has been charged to your credit or debit card. In this instance, we will issue a credit back to your card account.
13 General
13.1
The Contract shall be governed by the laws of England, and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.
13.2 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13.3 Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
2. The Electronic Commerce (EC Directive) Regulations 2002
Lapaloosa Company Ltd is obliged by law to provide the following information
The website www.lapaloosa.com is operated and owned by Lapaloosa Ltd
All communications can be addressed to us at:
Lapaloosa Ltd.
Ellesmere House,
South Street,
Castle Cary,
Somerset, BA7 7EX
Registered in England No. 07413314
3. Data Protection Act 1998 and Privacy
3.1
If you decide to purchase from us, we will need to take some of your personal information in order to process your order. This includes name, billing and delivery address, contact details and credit card information.
3.2
We will only use this information to be able to serve you better and will not be passing any of your personal information onto third parties for marketing or other use.
3.3
For online payment processing, we use Cardnet payment system (www.lloydstsbcardnet.com)Equif. This system is fully PCI DSS compliant ( www.pcisecuritystandards.org ) and protects against interception of card numbers using encryption.
3.4
We may use technology to track the patterns of behaviour of visitors to our site to improve your experience during a visit to our site. This includes using a "cookie" which is stored on your browser software. If you do not want the convenience benefits that a ”cookie” offers, you can switch off this function using the security settings of your browser.
3.5
If you prefer to make an order over the phone instead of via the internet, you can call us on 01963 359639 and one of our operators can help you through the ordering process. However, personal information will still be requested and will be stored temporarily for us to be able to fulfil your order requirements.
4. Consumer Protection (Distance Selling) Regulations 2000
The Distance Selling Regulations (which allow consumers a seven day “cooling off” period after purchasing and a right to cancel an order during this period) do not apply to “personalised goods or goods made to a consumer's specification” thereby excluding Lapaloosa Ltd’s products. A cancellation during this period needs to be agreed between the customer and Lapaloosa Ltd on a case by case basis.
Returns and Refunds
When cancelling an order, you can only be guaranteed a full refund if you cancel within 7 days of placing the order. After this 7 day period, you will receive a 50% refund if work has already started on your bespoke goods.
We want you to be happy with your new good(s) so if there is a problem, we will work very hard to sort it/them out. We will accept returns and consider replacements or full or partial refunds if there is a significant problem with the quality of manufacture or faults of goods. However, we cannot accept returns in situations where we have been given incorrect written measurements or written specifications.
Shopping Security
Our website is protected by Equifax. Authentic Sites use Equifax SSL Web Server Certificates to offer secure communications by encrypting all data to and from the site. Equifax has checked and verified our company's registration documents, our site's registered domain name, and the authorising contact at the company all according to the strongest identity authentication standard today.
For online payment processing, we use Sagepay ICP payment system ( www.sagepay.com ). This system is fully PCI DSS compliant (www.pcisecuritystandards.org ) and protects against interception of card numbers using encryption.
We also understand that despite these security measures, some people still won't feel confident handing their card details over the internet or phone. That's why we're also happy to accept cheques in the post and BACS transfers. These methods do tend to take a little longer since we have to wait for the payment to clear. Just give us a call on 01963 359639 or 07950377571 to make order this way.
Payment methods
At the moment, we accept Visa, Mastercard and Maestro (Switch) Cards. We're also happy to receive payment via BACS or cheque, if that's something you feel more comfortable with - however this is a longer and more complicated process and may result in delays to your order. We're currently unable to accept American Express cards.
5. OTHER GENERAL TERMS AND INFORMATION
Ownership
This site is owned and operated Lapaloosa Ltd whose principal place of business is Ellesmere House, South Street, Castle Cary, Somerset, BA7 7EX. If you have any queries about these terms and conditions, or if you have any comments or complaints on or about our website, please contact us at info@lapaloosa.co.uk.
Intellectual property rights
All rights, including copyright, in this website are owned by Lapaloosa Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
Potential damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Lapaloosa Ltd whose principal place of business is Ellesmere House, South Street, Castle Cary, Somerset, BA7 7EX J and all notices from us to you will be displayed on our website from to time.
Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Force Majeure
Neither party shall be liable for any default due to an act of God, government action, war, riot, strike, lock-out, industrial action, fire, flood, inclement weather or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials or any other event beyond their reasonable control.
Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.