TERMS AND CONDITIONS OF BUSINESS - Retail
1. This website is operated by Louisa R Designs Limited. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Louisa R Designs Limited.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. Unless you are a Trade customer reselling our products you may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
14. Your order will only be accepted by us once your goods have been dispatched.
MODIFICATIONS TO OUR SERVICE AND PRICING
15. Prices for items are subject to change without notice.
16. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
17. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
18. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
19. Where you select a "next day delivery" option, orders placed on Fridays, Saturdays or Sundays may not be dispatched for delivery until the following Monday and so may not be received until Tuesday. See our delivery policy for more information.
20. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
21. Where items have not been dispatched prior to a cancellation request, our refund policy will apply.
22. Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.
LIABILITY AND INDEMNITY
23. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
24. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
25. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
27. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
28. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.
TRADE/ Wholesale - Terms and Conditions for the Supply of Goods and/or Services Louisa R Designs Limited (Trading as Blossom Sugar Art)
These Terms and Conditions govern the supply of all Goods and/or Services provided by us to you.
“agreement” is a reference to these Terms and Conditions and any order form and payment instructions provided to you;
“Goods” or “Products” means the product or products ordered by you from us;
“Services” means the service that you have requested us to provide to you;
“Terms and Conditions” means the terms and conditions of supply set out in this document;
“you”, “your” and “yours” and the “Buyer” are references to you the person purchasing any Goods or Services from us;
“we”, “us” and “our” and the “Seller” are references to Louisa R Designs Limited.
2.1 When ordering any Goods or Services from us you do so in accordance with this agreement. You are deemed to have accepted the prices of the Goods or Services quoted to you and other terms such as delivery which may have been quoted to you at the time of placing your order.
2.2 Any contract for the supply of Goods or Services is between you and Blossom Sugar Art Limited.
2.3 You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit.
3. Prices and Payment
3.1 All prices quoted to you are correct at the time of quotation and are valid for 30 days and we reserve the right to alter our prices after this time. Prices are exclusive of the relevant sales tax and exclusive of delivery charges which will be added to your order, if appropriate. Suggested retail prices are inclusive of VAT (20% at time of printing).
3.2 The total price for Goods or Services ordered, including delivery charges, will be confirmed to you after you place your order and we email an invoice.
3.3 Full payment must be made for all Goods or Services before the items ship unless you have a trade credit account. All new customers will be pro forma customers. Time of payment is when the Seller has received cleared funds. If you have been approved for a credit account, your first order is payable in advance, and you will receive 30 days credit from date of invoice for all subsequent orders. Our terms are strictly 30 days and new orders will not be shipped to customers with outstanding invoices.
3.4 Payment must be made by one of the methods accepted by us as notified to you.
3.5 Failure to pay on time will result either in the cancellation of your order or late payment charges equivalent to interest on the late payment which shall be calculated on a daily basis at a rate of 5% over our bank’s lending rate from the date the payment was originally due until the date of actual payment.
3.6 Bank charges incurred by the Seller in respect of cheques rejected by the Buyer's bank will be reclaimed by the Seller from the Buyer.
4.1 Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering. Time is not of the essence for delivery of any Goods or supply of any Service under this agreement.
4.2 Where delivery is outside the UK, you may be liable to pay additional tax or duty once the Goods reach your country. This may vary from country to country. Please contact your local customs office for more information.
4.3 Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.
4.4 The Buyer must inspect the Products on delivery and check the order is complete and not defective. Claims for damaged or shortages must be made in writing within 7 days of receipt of the products.
5. Cancellation and Returns
5.1 You must notify us immediately if you decide to cancel your order. The time limit for notification of cancellation is until the order has been shipped.
5.2 Once we have heard from you that you wish to cancel your order we will refund or re-credit your debit or credit card with the full amount within 7 days.
5.3 You are entitled to return Goods ordered from us within 28 days of receipt of the Goods if the Goods are faulty or do not comply with this agreement. You will be entitled to have the Goods repaired or replaced provided the Goods are not damaged and have not been used.
5.4 The cost of returning the goods to us must be paid by you unless we agree that the Goods are faulty or damaged upon receipt by you. Any refunds or re-credits will be undertaken within 7 days. Goods to be returned will only be accepted if they are in a condition suitable for immediate resale by the Seller.
5.5 The Seller will not accept returns of any edible food products or any discontinued items.
6.1 Full title in the Goods shall remain fully vested in us until we receive payment in full for the Goods.
6.2 The buyer may resell the Products before ownership has passed to it solely on the following conditions.
6.3 The Buyers right to possession of the Products will terminate immediately if the Buyer has a bankruptcy order made against it, or convenes a meeting of creditors, or enters into liquidation, or infringes on the Sellers Intellectual Property Rights.
7. Supplier Obligations
7.1 We hereby warrant to provide the Goods or Services in accordance with the description or specification contained in our quote.
7.2 We will perform the Services with reasonable skill and care in accordance with accepted industry practice and standards.
8. Limitation of Liability
8.1 We disclaim any and all liability to you for the supply of the Goods or Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
8.2 We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
8.3 We shall not be liable for any misrepresentations other than fraudulent misrepresentations.
9.1 The Terms and Conditions, any order form and payment instructions constitute the entire agreement between you and us. No other terms, statements, representations or promises whether expressed or implied shall form part of this agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
9.2 If any term or condition of our agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the agreement shall continue in force without such term or condition.
9.3 These Terms and Conditions and our agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
9.4 No delay or failure on our part to enforce our rights or remedies under the agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
9.5 The buyer acknowledges that the shades and intensity of colours of the products may vary within batches.
9.6 The buyer is responsible for the type of storage, length of storage and transportation of the products on their premises.
9.7 The Buyer acknowledges that our products are unsuitable for children under 3 years of age due to small or sharp parts or items.
9.8 Risk of damage to or loss of the Products will pass to the Buyer on delivery.
10. Intellectual Property Rights
10.1 No right or license is granted to the buyer in respect of intellectual property rights of the seller, except the right to use, or resell the products in accordance with the contract.
10.2 The buyer will not, or authorise any third party to infringe on the Intellectual Property Rights of the Seller.
11.1 The Seller may terminate the contract with the Buyer in writing if the Buyer is found to be in breach of the contract.