Terms and Conditions
1. ABOUT US
www.lowrylondon.com is a website owned and operated by Lowry London Ltd.
Business Registration Number: 08691802
VAT Number: 201058955
Address: Arch 100 Station Passage, Peckham, London, SE152JR
2. SERVICE AVAILABILITY
We accept orders from customers in the UK and other European Union member states. Our delivery and returns policies differ according to whether you are resident in the UK mainland, non-mainland UK or another European Union member state.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts
3.2 you are at least 18 years old
3.3 you are resident in either the UK or another European Union member state; and you accessing our site from the UK or another European Union member state
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us confirming that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you this Order Confirmation. The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
5. CONSUMER RIGHTS
Consumer rights applies only to individuals who order from us. It does not apply to business or commercial customers or those individuals who purchase a Product for business or commercial use. If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds and Returns Policy (set out in clause 11. Our refunds and returns policy below). The exception to this is if you have ordered a “Bespoke” Product (e.g. made-to-measure or customised furniture) or “Customer’s Own Material” Product (see 11.3, 11.4 and 11.5 below) or if you have paid for storage (see 7.8 below). To cancel a Contract, you must inform us in writing or by email or by telephone. In addition, the Products must be in the same condition in which you received them which means, for the avoidance of doubt and without limitation, that they must be in perfect resalable condition and undamaged in any way. You have a legal obligation to take reasonable care of the Products while they are in your possession. You may also cancel your Order by completing our cancellation form which is available on request from here.
6. PRODUCTS AND SERVICES
All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales. The measurements of the Products are as accurate as possible, but are nevertheless approximate. We may offer some of our products in bespoke sizes. The final dimensions of the finished Product will be within 2cm of the requested measurements. Finishes are applied to the exterior of our Products. Due to the nature of the materials used, finishes may vary. It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the Products and delivery details. Our Products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our Products for commercial purposes. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our Products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity (except in accordance with clause 11.6). Stock availability and delivery dates provided on the website and subsequently communicated in any form are estimates and cannot be guaranteed.
Either we or our nominated delivery partner will contact you to notify you when your Products are available and, subject to the separate provisions below relating to customers resident outside mainland UK or in other European Union member states, will arrange a date for delivery to the address specified by you. Either we or our nominated delivery partner will deliver your Products to any UK mainland address (excluding Northern Ireland). The charges will vary, but will be indicated when you place your order. We reserve the right to require proof of identification from you when making a delivery to you. You are required to take delivery on the date agreed between us, otherwise we reserve the right to charge you an additional redelivery fee. This payment will be due before redelivery. Our delivery partner for large items (eg beds, sofas, mattresses, cabinets) will contact you to schedule a delivery date. They will provide an estimated delivery time slot approximately 48 hours before delivery, once the delivery route has been planned. If you cancel the delivery later than 8am on the day two days before your delivery date or if you are not available to accept the delivery when our delivery partner arrives at your address within the agreed time slot, we reserve the right to charge you for the cost of the delivery in addition to any delivery charge already paid. For deliveries of large items (eg beds, sofas or mattresses) to any non-mainland UK address, our delivery charges are for delivering to the nearest mainland port. It will be your responsibility to arrange transport thereon. For deliveries of large items to any address in a European Union member state (other than mainland UK), we do not offer a delivery service. The transportation of your Products from the depot to your address will be your sole responsibility and at your sole cost. If requested, we will be happy to recommend third party providers of delivery services to you. Time of delivery is not of the essence in these terms and conditions. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any delay. For deliveries of large items to addresses in mainland UK, our nominated delivery partner will exercise every caution and extend every courtesy during delivery and assembly. Neither we nor they can be held liable for any accidental damage to your property or person, however caused, and only enter your premises under these conditions. Our nominated delivery partner will endeavour to deliver the purchased goods to you within 12 working days of them arriving in their warehouse. Failure for you to accept delivery of these items within 20 working days will result in our having the right to charge you storage charges at £10 per week for each large item (these are items which cannot be sent by postal carrier due to their size). Should you not wish to pay this we reserve the right to cancel your order and refund you accordingly. If you decide to cancel the contract in accordance with clause 5.2, any storage fees will not be refunded. Our nominated delivery partner will use reasonable endeavours to deliver large items to a room of your choice. The room must be accessible to two delivery people either on the ground floor or via adequate stairs or elevator and without the need for mechanical lifting equipment. Delivery is always subject to the health and safety of the delivery personnel including manual handling guidelines and regulations as laid down by the Health and Safety Executive (www.hse.gov.uk). At the time of delivery the Products will usually be unpacked and assembled. A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you or the person to whom the order is addressed has received delivery. You are responsible for checking the condition of the Products delivered and must highlight any issues upon receipt with the delivery carrier. The delivery carrier will direct all queries at this stage to us and we will agree a means of resolving the issues that are presented at this time. Your Products will be constructed to the highest possible standards. Should you have any concerns prior to or following delivery please contact us on 020 7018 5353.
The provisions of this clause 8. Guarantees apply in addition to your statutory consumer rights in relation to faulty or mis-described goods. These rights are not affected by the guarantee. All furniture is guaranteed for 1 year. This guarantee is against faulty workmanship and/or faulty materials, with the exception of fillings and coverings. These guarantees do not cover fair wear and tear, neglect, abuse or misuse of your goods, loss or damage (including rusting and corrosion) due to unreasonable exposure to water, heat or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, damage by animals generally or theft, or accidental damage or loss caused by a third party. If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau of Trading Standards Office. In the event of a claim under guarantee occurring, please contact email@example.com giving your sales invoice number, your address, contact details and a summary of the problem with accompanying photos if requested. We will then notify you whether the claim is valid via telephone or e-mail within a reasonable period of time. In the event of an accepted claim we will endeavour to repair the defective goods free of charge. 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. 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 actual goods themselves supplied by us. This does not affect your statutory rights. Our guarantees are limited to goods sold and retained in mainland United Kingdom (excluding Northern Ireland) and used solely in private residences and not in commercial or rental properties.
9. RISK AND TITLE
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
10. PRICE AND PAYMENT
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.These prices include VAT but exclude any delivery costs which will be added to the total amount due as set out in our delivery charges. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. Payment for all Products may be made by personal cheque (which must be received and cleared before delivery), bank transfer, credit or debit card. We accept payment by Visa, Mastercard, Delta/Connect and Maestro. Purchases made by trade customers should not be made by credit card. Products cannot be delivered until full payment has been received.
11. OUR REFUNDS AND RETURNS POLICY
When you return a Product to us:
11.1 Because you have cancelled the Contract between us within the 14 day cooling-off period (see clause above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the Product back or the date on which you provide evidence of having sent the Product to us. In this case, we will refund the price of the Product in full provided that there is no evidence of use. If we or our nominated partner delivered the Product which is a large item (eg a bed or sofa) to you directly (and you are resident in the UK mainland), we will also refund the delivery charge for delivering the Product to you (if any). Please note that it is your responsibility to ensure that the returns arrive with us safely and without damage as we do not accept liability for goods lost in transit or the delivery cost of returning the order to us.
11.2 For any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via telephone or 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 for the defective Product. Products delivered by us to you in mainland UK and returned by you because of a defect 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 (if any). These charges and costs are to be agreed with us in writing in advance of you incurring them. We will only refund delivery charges where an entire order has been returned. Products not delivered by us (i.e. if you are resident outside the UK mainland or in another non-UK European member state) and returned by you because of a defect will be refunded in full, although you shall be responsible for the costs incurred by you in returning the Product. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Once you have placed an order for a Bespoke product the order may not be cancelled as per Clause 5 above since work may have been started on building these items. We reserve the right to let business customers utilize the right in clause 5 above as well but this will be subject to our discretion and subject to them paying a restocking fee of 55% of the Product price. In this situation delivery charges paid will not be refunded.
12. OUR LIABILITY
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:
12.1 for death or personal injury caused by our negligence under section 2(3) of the Consumer Protection Act 1987
12.2 for fraud or fraudulent misrepresentation
12.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
12.4 loss of income or revenue;
12.5 loss of business;
12.6 loss of profits or contracts;
12.7 loss of anticipated savings;
12.8 loss of data; or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories inclusive of this clause 12.4.
13. IMPORT DUTY
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. 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. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. 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 condition does not affect your statutory rights. In the event of a questions or complaints please email firstname.lastname@example.org. See section 23. Complaints process below for details of the complaints process.
All notices given by you to us must be given to Lowry London Ltd., Arch 100 Station Passage, Peckham, London, U.K., SE152JR or emailed to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 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:
17.1 Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.3 Impossibility of the use of public or private telecommunications networks;
17.4 The acts, decrees, legislation, regulations or restrictions of any government.
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.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and 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. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
If any of these terms and Conditions or any provisions of a 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.
20. ENTIRE AGREEMENT
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and 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. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and 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 terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. COMPLAINTS PROCESS
If you have any complaints about the products or service that we have provided, please contact firstname.lastname@example.org or call us on 02070185353 and we will do our best to resolve it.
24. TERMS OF WEBSITE USE
25. ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
26. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
27. OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
27.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
27.1.1 loss of income or revenue;
27.1.2 loss of business;
27.1.3 loss of profits or contracts;
27.1.4 loss of anticipated savings;
27.1.5 loss of data;
27.1.6 loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
28. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
29. TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms of conditions of supply.
30. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
31. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
32. LINKS FROM OUR SITE
33. TRADE MARKS
“Lowry London” logo and emblem are trade marks of Lowry London Ltd.
35. YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact-us. Thank you for visiting our site.