In these conditions the following words shall have the following meanings:
1.1 “You” means the person(s), firm or company that buys the Goods from Us and "your" shall be interpreted accordingly.
1.2 “Us” and “We” both mean Lost in Summer Ltd or any related enterprise and “our” shall be interpreted accordingly.
1.3 “Goods" means any goods We agree to supply to You under the terms of the Contract, this includes any installment of the goods or part(s) of them.
1.4 “Contract” means any contract between You and Us, for the sale and purchase of the Goods, which incorporates these conditions.
1.5. Any reference to any statute or statutory provision refers to its most recent version
1.6 Reference to the singular includes the plural and vice versa.
1.7 Headings are only used for convenience.
2. Applying these Conditions
2.1 The Contract will be on these conditions only, unless there is a written variation agreed between You and Us.
2.2 Your order is an offer to buy the Goods from Us under these conditions.
2.3 Confirmation of your order is our acceptance of that offer. We do not have to accept your offer.
2.4 We will send a copy of these conditions to You, at the address You provide on the order form, when We confirm your order should you request it.
3. The Goods
3.1 All Goods supplied will be offered to the specification as agreed with You and as detailed on the Sales Order form and will form part of the Contract of Sale. All pictures, descriptions, sizing and fit details, specified materials and all other specifications relating to the Goods offered will form part of the Contract of Sale.
3.2 Any changes to the agreed specification as requested by You will only be accepted at Our discretion. If such changes are accepted by Us, these changes are liable to additional cost payable by You.
3.3 If any Goods / Materials / components are not available, We may order the items from an alternative source. If We are unable to order components of your chosen items We will notify you by telephone, email or letter
4.1 We will deliver the Goods to the address You provide on the Sales Order form.
4.2 Any delivery date We give is an estimate.
4.3 Unless these conditions state otherwise, We are not liable for any loss, costs, damages, charges or expenses caused by any delay in delivery.
4.4 Any Delivery, Packaging and Insurance costs will be charged to You.
4.5 Terms are ex-works
4.6 If We can't deliver the Goods because You won't accept delivery, You haven't provided the correct address, or no-one is available to accept delivery, then:
1. all risk in the Goods will pass to You;
2. the Goods will be deemed to have been delivered; and
4.7 We may store the Goods until We can re-deliver them, and You will be liable for any costs arising from this storage.
5.1 We shall not be liable for any proven non-delivery unless You report it within 7 days of the date when the Goods should have arrived.
5.2 Our liability for non-delivery is limited to replacing the Goods within a reasonable time, or issuing a credit note.
6.1 All prices are stated in Pounds Sterling, Euro or US Dollar.
6.2 The price for the Goods is the stated price shown in Pounds (Sterling) and excludes UK Value Added Tax (“VAT”), but if applicable will be added.
6.3 Postage and packaging will be added. All delivery charges are also displayed on this Web Site.
6.4 The prices of all Goods are clearly marked in their description and are exclusive of VAT and duty (if applicable). At any given time, despite our best efforts, a small number of the items on our site may be mispriced. We do, however, verify prices as part of our shipping procedures. If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
6.5 Prices of any Supplies may be changed by Lost in Summer Ltd at any time before the conclusion of an agreement to sell i.e. once you receive notification from Lost in Summer Ltd of acceptance of your order.
7.1 Goods must be paid in full before they are dispatched.
7.2 If only part of your order is shipped the full amount of the order will be charged, the remainder of your order will be shipped once goods are ready, You will be advised of this prior to any shipment being made.
7.3 All Goods remain property of Lost in Summer Ltd until paid in full.
7.4 Payment is to be made by credit or debit card and all credit and debit card information will be encrypted for security. At no time does Lost in Summer Ltd have access or see your credit card details. If you pay by Paypal, payments are made externally on Paypals own website. Once payment is complete you will be returned to Lost in Summer Ltd, and will receive a confirmation email from Lost in Summer Ltd. All Paypal payments are covered under Paypal.co.uk terms and conditions.
8. Defects and Damaged Goods
8.1 Nothing in these terms affects your statutory rights.
8.2 You tell Us of the defect within 28 working days of receipt of goods You discover, or ought to have discovered, the defect (and has not been caused by You trying on) and We will not be liable for any defects of the Goods unless:
a) We are given a reasonable opportunity, of examining the Goods and, if requested, You return the Goods to Us at your expense for examination (if We agree that the Goods are defective, We will refund this expense).
8.3 We shall not be liable for any defect if:
a) You use the Goods after telling Us about the defect; or
b) the defect arises through misuse, or inappropriate storage / display of the Goods; or
c) You alter or repair the Goods without our written consent.
8.4 Subject to conditions 8.2 and 8.3, if any of the Goods are defective, We shall either repair or replace them or refund the price, provided that, at our request, You return the Goods. We will refund the cost of returning the Goods to Us.
8.5. If We comply with condition 8.4, We shall have no further liability for any defects.
9.1 Subject to condition 8, the following sets out our entire financial liability to You in respect of:
a) Any breach of these conditions; and
b) Any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
9.2 All warranties, conditions and other terms implied by statute or common law (except those implied by section 12 of the Sale of Goods Act 1979) are, as far so the law allows, excluded from the Contract.
3. Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
9.4 Subject to conditions 9.2 and 9.3; Our total liability in contract, tort, misrepresentation or otherwise, arising in connection with the Contract shall be limited to £50; and
9.5 We shall not be liable to You for any indirect or consequential loss, damage, costs, expenses or other claims for consequential compensation whatsoever which arise out of, or in connection with, the Contract.
10. Returns or Cancellation
10.1 If You wish to cancel the Contract, before the order has been dispatched You must notify Us in writing within 7 (seven) working days of receipt of your signed or paid order.
10.2 Do not use scissors to open your package, you are able to just tear the packaging open, returns with scissor marks will not be accepted. Items must be returned to us in an unworn and unwashed condition, deemed fit for resale.
11. Force Majeure
11.1 If We are prevented from, or delayed in, carrying on our business due to circumstances beyond our reasonable control, We may defer delivery or cancel the Contract or reduce the volume of the Goods sent to You (without liability to You). Such circumstances include, acts of God, government actions, war, national emergency, riot, civil commotion, fire, explosion, terrorism flood, epidemic, lock-outs, strikes, other labour disputes, or inability or delay in obtaining supplies of materials.
11.2 If the circumstance in question continues for a continuous period of more than 30 days, You can give Us written notice to end the Contract.
12.1 All communications from Us that are made by Email or letter, satisfy any legal requirement that such communication is in writing.
12.2 We agree that any communication that You must make in writing (under these conditions) may be made by Email or letter to the address on the contacts page
13. Information You Provide
13.1 You authorize Us to use, store or process any information that You provide, including your name and address, as far as is reasonably necessary for Us to provide our services.
13.2 If You send us personal correspondence such as Emails or letters then We may collect this information into a file specific to You.
13.3 You must include your billing address as it appears on your bank and credit card statement. Lost in Summer Ltd may use an address verification system to ensure correct billing addresses. Orders with incorrect details will not be processed.
14.1 These terms and conditions shall be governed by and interpreted in accordance with the laws of England and you consent to the exclusive jurisdiction of the English Courts in all disputes arising out of or relating to the use of this Web Site or the provision of Supplies by Lost in Summer Ltd. Lost in Summer Ltd makes no representation that information or material contained at its Web Site is appropriate for use in other jurisdictions. Users who access the Web Site from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws. 14.2 You agree that Lost in Summer Ltd may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations under them without notice. Lost in Summer Ltd may delay enforcing its rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. Lost in Summer Ltd may amend, vary or supplement these terms and conditions at any time. Lost in Summer Ltd will post a notice of any such amendments on this Web Site and such amended terms and conditions will automatically be effective. These terms and conditions (as varied from time to time) form the entire agreement of the parties and supersede all previous agreements, understandings and representations relating to their subject matter.