These terms and conditions apply to the sale by Live Luggage™
Limited ("We" "Our" "Us") of Live Luggage™ cases and other items offered for sale by us from
time to time and purchased by the customer ("You" "Your")
These terms and conditions of sale shall be read in conjunction
with the website terms and conditions and any other supplemental agreement(s) which are
referred to herein and together shall form the contract between us. Except as otherwise
expressly provided in these terms and conditions of sale, in the event of any conflict
between any of the other agreement(s) which together constitute the contract these terms and
conditions of sale shall take precedence.
Description
The quantity and description of goods shall be as set out in our
acknowledgement of order.
All drawings, descriptive matter, specifications and advertising
provided by us are for the purpose of giving an impression of the goods and shall not form
part of the contract.
We reserve the right to change the designs, colours, materials or
specifications of the goods at any time without prior notice. If any such change is made
after an order is accepted we will notify you of such change and you shall have the right to
cancel the order within fourteen days of such notification and shall be reimbursed by us.
The contract between us
We must receive payment of the whole of the price for the goods
that you order before your order can be accepted. Once payment has been received by us we
will confirm that your order has been accepted by sending an email to you at the email
address you provide in your order form. Our acceptance of your order brings into existence a
legally binding contract between us.
If you are under 18, we cannot accept your order.
Price
The prices payable for goods that you order are as set out in our
website and (where applicable) include VAT.
There is a charge for delivery within the United Kingdom. You
may be required to pay extra for delivery outside the United Kingdom and it might not be
possible for us to deliver to some locations. Our delivery charges are set out in our
website.
Guarantee
We guarantee our cases against defects in material and/or workmanship
for 5 years and any electrical defects for 12 months from the date of purchase.
Return of your receipt is a condition precedent of coverage under
this guarantee. We shall at our sole discretion accept other proof of purchase in lieu of
the receipt.
We shall repair or replace at our sole discretion any case which
under normal conditions of use and service proves to be defective in material or
workmanship.
Specifically excluded from this guarantee are failures caused by
abuse, neglect, misuse, improper operation, normal wear, accident, improper maintenance or
modification by the purchaser or any third party including carrier services and baggage
handlers. This guarantee does not affect your statutory rights.
Cancellation By Us
We reserve the right to cancel the contract if:
we have insufficient stock to deliver the goods you have
ordered;
we do not deliver to your area; or
one or more of the goods you ordered was listed at an incorrect
price due to a typographical error or an error in the pricing information received by us
from our suppliers.
If we do cancel your contract we will notify you by e-mail and
will re-credit to your account any sum deducted by us from your credit card as soon as
possible but in any event within 30 days of your order. We will not be obliged to offer any
additional compensation for disappointment suffered
Delivery of goods to you
Subject to any written agreement to the contrary we will deliver
the goods ordered by you to the address given by you as the bank card holder's address at
the time you make your order.
Delivery will be made as soon as possible after your order is
accepted and we are in receipt of cleared funds and in any event within 30 days of your
order.
You will become the owner of the goods you have ordered when they
have been delivered to you. Once goods have been delivered to you they will be held at your
own risk and we will not be liable for their loss or destruction.
Liability
If the goods we deliver are not what you ordered or are damaged
or defective or the delivery is of an incorrect quantity, we shall have no liability to you
unless you notify us in writing at our contact address of the problem within 10 working days
of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the
date on which you ordered them, we shall have no liability to you unless you notify us in
writing at our contact address of the problem within 40 days of the date on which you
ordered the goods.
If you notify a problem to us under this condition, our only
obligation will be, at your option:
to make good any shortage or non-delivery;
to replace or repair any goods that are damaged or defective;
or
to refund to you the amount paid by you for the goods in
question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any
indirect or consequential loss, damage or expenses (including loss of profits, business or
goodwill) howsoever arising out of any problem you notify to us under this condition and we
shall have no liability to pay any money to you by way of compensation other than to refund
to you the amount paid by you for the goods in question under clause 9.3.3 above
You must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or other permits to purchase
goods from our site. The importation or exportation of certain of our goods to you may be
prohibited by certain national laws. We make no representation and accept no liability in
respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these terms and
conditions is intended to limit any rights you might have as a consumer under applicable
local law or other statutory rights that may not be excluded nor in any way to exclude or
limit our liability to you for any death or personal injury resulting from our negligence.
Notices
Unless otherwise expressly stated in these terms and conditions, all
notices from you to us must be in writing and sent to our contact address at PO Box 4757, Henley-on-Thames, RG9 9DU or sent by email to info@liveluggage.com
and all notices from us to you will be displayed on our website from time to time.
Events beyond our control
We shall have no liability to you for any failure to deliver goods
you have ordered or any delay in doing so or for any damage or defect to goods delivered
that is caused by any event or circumstance beyond our reasonable control including, without
limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or
network access, flood, fire, explosion or accident.
Invalidity
If any part of these terms and conditions is unenforceable (including
any provision in which we exclude our liability to you) the enforceability of any other part
of these conditions will not be affected.
Privacy
You acknowledge and agree to be bound by the terms of our privacy
policy which are included in our website terms and conditions.
Third party rights
Except for our affiliates, directors, employees or representatives, a
person who is not a party to this agreement has no right under the UK Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any
right or remedy of a third party that exists or is available apart from that Act.
Governing law
The contract shall be governed by and interpreted in accordance with
English law and the English courts shall have jurisdiction to resolve any disputes.
Entire agreement
These terms and conditions, together with our current website terms
conditions, prices, delivery details, contact details and privacy policy set out the whole
of our agreement relating to the supply of the goods to you by us. Nothing said by any sales
person on our behalf should be understood as a variation of these terms and conditions or as
an authorised representation about the nature or quality of any goods offered for sale by
us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such
representation being untrue or misleading.