Terms and Conditions
Please read through these Terms & Conditions and then join us to enjoy our unique product.
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this web application, LOLVEgift.co.uk (Our “Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Site”: Means lolvegift.co.uk website (web application).
“Contract”: means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods”: means the goods & digital products and membership sold by Us through Our Site;
“Digital Product”: means our digital products of eCards and eGiftboxes and all video Overlay special effects & music.
“Artwork”: means the Hand illustrated artwork within the eCards & eGift boxes.
“Order“: means your order for Goods;
“Order Confirmation”: means our acceptance and confirmation of your Order;
“Order Number”: Refers to any Member or any person visiting or browsing “Our” site.
“We/Us/Our”: means LOLVE gift Ltd, a company registered in Scotland under SC 571056, whose registered address is Chestney House, 149 Market Street, St Andrews, Fife, KY16 9PF.
2. Information About Us
2.1 Our Site, LOLVEgift.co.uk, is owned and operated by LOLVE gift Ltd, a limited company registered in Scotland under SC 571056, whose registered address is Chestney House, 149 Market Street, St Andrews, Fife, KY16 9PF
2.2 Our VAT number is 282467479.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.5 LOLVE requires you to use the latest version of modern browsers to fully function. LOLVE will not be responsible for its site not working if you do not use these appropriate browsers.
3.6 LOLVE should function on most devices with updated software. LOLVE cannot be held responsible if a device does not support LOLVEs functionalities
4. Intellectual Property Rights
4.1 All materials & Artwork within LOLVE gift Ltd are protected by copyright, trademark or other forms of Intellectual Property.
4.2 Except as expressly allowed by LOLVE Gift Ltd, You must not copy, modify, publish, participate in the transfer or sale of, reproduce, distribute or create derived works based on Our service in whole or in part. All materials and artwork must remain unaltered and all copyright and other propriety notices must be retained and acknowledged.
4.3 The software of lolvegift.co.uk is the property of LOLVE Gift Ltd and our affiliates and you agree not to copy, modify, reverse engineer, extract, create derived work, or otherwise attempt to sublicense, sell, assign or transfer any Software rights in any manner other than is expressly allowed in Our terms.
5. Licence Grant for Use of Site
In accordance to this agreement, The Company (LOLVE gift Ltd) hereby grants you a limited license to use its digital products- eCards /eGiftboxes for personal, domestic, charitable, non-commercial and private usage. You must agree NOT to use this site for any business, commercial or profit-making business.
Any breach of these terms & conditions will result in immediate termination of the contract between you and Us.
If you require any clarification as to your use being within this agreed remit then please contact us on email@example.com
6. User content
6.1 As specified, this site is for domestic use.
6.2 You are fully responsible for material and content you post using our site and digital products, including within Our Sites Community areas.
6.3 You must NOT post any User content as specified:-
6.3.1 That You did not create or that you do own all rights, including without limitation, all copyright and rights of publicity contained within.
6.3.2 Your intent, content and use of our digital product and company must not cause harm or distress to others or not be in keeping with our company’s ethos.
6.3.3. Your posts and use of our digital products must NOT contain or encourage the following :
NOT Violate or infringe in anyway upon the rights of others
NOT Be Unlawful, threatening, bullying, abusive, defamatory, demeaning, invasive or privacy or publicity rights, vulgar, pornographic, indecent or otherwise distressing or unsavoury.
NOT Incite violence, hatred, bullying, intolerance of any race, creed, gender or sexual orientation.
Remember- we are all about LOLVE.
LOLVE gift Ltd reserve the right to terminate, without notice, our contract with You, without a refund, if We deem that you have breached these terms.
7. Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods/Digital products available from Us correspond to the actual Goods/Digital products. Please note, however, the following:
7.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.2 Minor changes may, from time to time, be made to certain Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
7.3 In some cases, as described in the relevant product descriptions, We may also make more significant changes to certain Goods, or to the price of those Goods. If We do so, We will inform you in advance of the changes becoming effective. If you are not happy with the changes, you may end the Contract as described below in sub-Clause 13.1.
7.4 We may from time to time withdraw certain products from sale. If any Goods purchased by you are likely to be affected by such withdrawal, We will inform you in advance of the changes becoming effective.
7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed -please note
7.6 regarding VAT, however.
7.6 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.
8.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
8.4.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes and other additional charges;
8.5 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Good
9.1 Payment for Goods must always be made in advance.
9.2 If you have chosen to receive Goods as part of an ongoing subscription, you will be informed when your subscription is renewed.
9.3 If you do not make any payment due to Us within 30 days of Us reminding you that it is due, We may cancel the Contract.
9.4 If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know at firstname.lastname@example.org
10. Renewal of membership
10.1 Your Membership will be automatically renewed 12 months after becoming a member. Your card will be automatically be charged for that current price for another 12 months membership.
10.2 We will inform you prior to your autorenewal and you have the right to cancel your renewal by contacting us at email@example.com
10.3 Prices for renewal are specified on the site
11. Delivery, Risk and Ownership
11.1 All Goods purchased through Our Site will normally be delivered as follows:
11.1.1 For the ongoing supply of Goods by subscription, Goods will be delivered on the dates specified in your Order Confirmation and We will continue delivering the Goods until your subscription expires, or until it is ended either by you or Us.
11.2 In some limited circumstances We may need to suspend the delivery of Goods to you for one or more of the following reasons:
11.2.1 To fix technical problems with the Goods or to make necessary minor technical changes;
11.2.2 To update the Goods to comply with relevant changes in the law or other regulatory requirements;
11.2.3 To make more significant changes to the Goods,
11.3 If We need to suspend delivery of the Goods for any of the reasons set out in sub- Clause 11.2, We will inform you in advance of the suspension and explain why it is necessary -unless We need to suspend delivery for urgent or emergency reasons such as a dangerous problem with the Goods, in which case We will inform you as soon as reasonably possible after suspension.
12. Unsatisfactory Goods
By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). Any digital content is included in the Goods, and that digital content must also conform. If any Goods you have purchased do not comply and, please contact Us at firstname.lastname@example.org as soon as reasonably possible to inform Us of the fault.
Your available remedies will be as follows:
Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
12.1 Refunds (whether full or partial, including reductions in price) under this Clause 12 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
12.2 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods
12.3 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
13. Your Rights to End the Contract
13.1 You have a legal right to end the Contract at any time by emailing us at email@example.com . Your subscription money will be fully refunded if We receive your request within the timescale dictated by the law of where you reside.
For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office
13.2 If you no longer wish to receive Goods from Us and wish to end your subscription before your subscription period is complete, you may do so by contacting Us as described below. Your cancellation will be effective 1 calendar month after the day on which you contact Us
13.3 If you wish to exercise your right to cancel under this Clause 13, you may do so in for your convenience by email
13.3.1 Email: firstname.lastname@example.org
13.3.2 In each case, providing Us with your name, address, email address, telephone number, and Order Number.
13.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
14. Our Liability to Consumers
14.1 We will not be responsible for any loss or damage that is not foreseeable.
14.2 We only supply goods for domestic and private use by consumers.
14.3 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
15. Limitation of Liability
The Company is not responsible for any failure of eGiftboxes or eCards sent from our site to be delivered to the selected recipient on a set date
16. Events Outside of Our Control (Force Majeure)
16.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, social media settings, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
16.2 If any event described under this Clause 15 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
16.2.1 We will inform you as soon as is reasonably possible;
16.2.2 We will take all reasonable steps to minimise the delay;
16.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will 7 be suspended and any time limits that We are bound by will be extended accordingly;
16.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
17. Communication and Contact Details
17.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at email@example.com,
18. Complaints and Feedback
18.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. By email, addressed to firstname.lastname@example.org
19. Other Important Terms
19.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
19.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
19.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
19.4 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them
20. Law and Jurisdiction
20.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Scottish law.
20.2 If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.