Terms and Conditions
Upon placing an order, you are agreeing to these terms & conditions. If you do not agree with the terms and conditions, please do not place an order with Agnes and Lola.
In these Terms and Conditions ( Terms ), the following words and phrases shall
have the following meanings:
“the Buyer”, “the Customer” or related synonyms means the person, firm or company who purchases the Goods from “the Company” Agnes and Lola Ltd:
“the Company” means Agnes and Lola Ltd;
“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
“Goods”, “Items”, “Purchases” and any related synonyms means any goods agreed in the Contract to be supplied by the Company to the Buyer;
“Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on the terms indicated by the Company across the website and excludes any such terms and conditions that are purported to be included or applied by the Buyer.
The Place of Delivery shall be specified by the Buyer upon ordering. Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
All orders are subject to acceptance and availability. By placing an order with the Company you are bound to the different conditions of sale specified across the website.
Our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made, email notification will be sent to you and you will be charged for your order.
The price for the Goods shall be the price set out on the date of purchase in the Company’s price list. The price for the Goods shall be exclusive of all delivery costs, insurance and applicable tax which the Buyer shall pay in addition. The currency is pound sterling.
6. Purchasing Eligibility
In order to purchase items from the Company, you are required to provide personal details as requested. All details provided must be correct and true at any given time.
In order to process purchases, you will need to provide payment details to our payment processor. Billing details provided must be accurate and valid and you warrant and represent that you are the correct cardholder for the registered payment account. By submitting your payment details for processing, you expressly authorise The Company or our chosen payment provider to carry out relevant authorisation checks on the payment card to ensure there are sufficient funds to fulfil the transaction. Payment shall only be deemed to have taken place upon receipt by the Company of cleared funds.
7. Ownership and Return of the Goods
Risk in the Goods shall pass to the Buyer on delivery. If the Buyer wishes to
return the Goods, the risk only passes back to the Company upon confirmation of
return delivery. The Company is not liable for items lost in return transit.
Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
Until ownership of the Goods has passed to the Buyer or if the Buyer wishes to
return the Goods, the Buyer shall:
- hold the Goods on a fiduciary basis as the Company’s bailee
- not destroy or deface any the Goods or their packaging
- leave the Goods intact and in its original condition
8. Product Warranty
The Company warrants that the Goods are of satisfactory quality.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice by email or otherwise to the Company within 14 days of receipt of the defect.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
All details provided upon registration must be correct and complete at any time. If there are any changes to the information provided when registering, you are required to update your personal data.
The Company reserves the right to suspend or cancel your registration if you breach any of your obligations under the Terms and Conditions. You can cancel this agreement at any time by providing written confirmation. If you do so, you must refrain from using Agnes and Lola online. Termination or suspension of your registration and your right to use Agnes and Lola online does not affect either party’s rights or liabilities
10. Customer Responsibility
For customers choosing to access this site from locations outside the United Kingdom, you do so upon your own initiative and are responsible for compliance with local laws.
11. Security and Password
Upon registration with agnesandlola.com, you will be required to create a password. This password must be kept confidential and should not be disclosed or shared with any other party. You will be responsible for all activities that occur under your registration details. Should you suspect that someone else knows your registration details you should notify us by emailing firstname.lastname@example.org immediately.
If the Company has reason to believe that there is to be a breach of security or misuse of the site, we may require you to change your password or suspend your account to protect your personal information.
12. Company Liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the value of the Goods or the period of 14 days after the Goods are received by the Buyer. The Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
You may not use the Company for any of the following purposes:
- spreading any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar or otherwise objectionable material
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- gaining unauthorised access to other computer systems
- interfering with any other person’s use or enjoyment of agnesandlola.com
- breaching any laws concerning the use of public telecommunications networks
- interfering or disrupting networks or websites connected to agnesandlola.com
14. Intellectual Property
All content, including without restriction all images, designs, photographs, written and other materials that appear as part of this website are protected by copyright, trademarks, database and other intellectual properties owned, controlled or licensed by the Company. You may not download, print and store any part of the website without prior permission from the Company.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on to the site.
15. Disclaimer of Liability
Unless expressly stated to the contrary to the fullest extent permitted by law agnesandlola.com, its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if agnesandlola.com had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
16. Disclaimer as to ownership of Trade Marks
Except where expressly stated to the contrary all persons, products, services and locations featuring on the agnesandlola.com web site are in no way connected, associated, linked or affiliated to agnesandlola.com. Furthermore, unless it is expressly stated on the agnesandlola.com web site that a certain product, service or location is connected, associated, linked or affiliated to the makers, right owners or broadcasters (the "makers") of a film or programme you should not make such an assumption, or rely in any way on the existence of such a connection, association or affiliation, by implication or otherwise. Any trade marks/names as may be featured on the agnesandlola.com web site are owned by the respective trade mark owners and agnesandlola.com claims no connection, association or affiliation with them. Where a trade mark (brand name) is referred to it is used to describe or identify the products, services or locations (the "goods") or else it is used to identify the film or programme where such goods appeared, but that is in no way an assertion or claim that such goods are endorsed by or connected, associated, linked or affiliated to the makers of the relevant film or programme.
You agree to indemnify, defend and hold harmless agnesandlola.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the agnesandlola.com services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
18. Variation of Content
agnesandlola.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the agnesandlola.com Web site.
All information and material submitted by you to agnesandlola.com or that you publish on any agnesandlola.com public area of the agnesandlola.com website shall be provided by the submitter and accepted by agnesandlola.com on a non-confidential basis. Furthermore, agnesandlola.com shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and agnesandlola.com shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
20. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
The Terms and Conditions may be updated from time to time. It is your responsibility to remain informed of any updates or changes made. If you continue to use The Company after the date on which updates come into effect, your use of the site will confirm your agreement to be bound by the updated Terms and Conditions.
22. Disclaimer of Internet Liability
Agnesandlola.com is provided by the Company without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
In particular, we disclaim all liabilities connected with the following:
- incompatibility of agnesandlola.com with any of your equipment, software or telecommunications links
- technical problems including errors or interruptions of agnesandlola.com
The Company retains the right at any time and without notice to amend, remove or vary the services on the site.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.