Terms and conditions of use

These terms and conditions were last updated in October 2014

1. Introduction

1.1 These terms & conditions set out the terms between Lowellita Gmbh, Seefeldstrasse 17, 8008 Zürich, Switzerland, hereafter designated as “Lowellita” and any person, whether natural or legal entity, who intends to purchase a product through the website www.lowellita.com, hereafter designated as the “Customer”

1.2 The Customer’s use of this website and any service contained within constitutes acceptance of these terms & conditions in full.

1.3 The Customer should not use this website if they do not accept these terms & conditions in full.

2. Customer Information

2.1 The Customer declares that all personal information given is correct, complete and sufficient to positively identify them in any situation. Any erroneous personal information given by the Customer might cause the closing of the Customer’s account and the cancellation of their order.

2.2 The Customer is responsible for maintaining confidentiality of their own username and password, where required to access their Customer account. The Customer should ensure that their username and password are securely stored and that the details required to access the Customer account are not provided to a third party.

2.3 The Customer is responsible for their Customer account and actions taken within it. If the Customer is aware or suspects that their Customer account username and password or other details have become known to a third party, the Customer should inform Lowellita immediately.

2.4 Our website is only intended for use by persons over 18 years of age. Persons over 18 years of age may purchase products for persons under the age of 18 as long as the products purchased are intended by the manufacturer for use or consumption by persons under 18 years of age.

2.5 Lowellita reserves the right to restrict or remove the Customer’s access to this website where the Customer breaches these terms and conditions. Such restriction or removal will take place without recourse or explanation to the Customer where Lowellita solely deems it appropriate or necessary.

3. Privacy

Lowellita takes privacy seriously. For further details please see our Privacy Policy.

4. Product Pricing and Title

4.1 Lowellita makes every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product occurs, Lowellita reserves the right to either cancel the order or contact the Customer to arrange payment of any extra sum due or refund any over-payment made by the Customer (as applicable). The processing of an order can be cancelled or corrected by Lowellita at any time up to the shipment of that order and any related items.

4.2 Lowellita reserves the right to alter all product pricing without notice. In case of manifest error, the price can be altered even after an order has been placed.

4.3 Title in any products ordered from Lowellita does not pass to the purchaser until Lowellita has received and processed a valid payment, and that payment has been made into Lowellita’s own bank account and the order has been shipped.

4.4 All prices shown on the website do not include taxes or shipping costs. These will be added on to your order separately and clearly shown before payment is made.

5. The Order

5.1 An order is deemed placed when the Customer has provided all requested information and the online payment has gone through. When the Customer places an order they will automatically receive a confirmation email from Lowellita to confirm their order. The order constitutes an offer made to Lowellita to purchase the items specified in the order.

5.2 This offer is only accepted once Lowellita has emailed the Customer to confirm the dispatch of their order.

5.3 Product items not included within the dispatch email are not included in the order and contract between the Customer and Lowellita.

5.4 Lowellita reserves the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.

5.5 If Lowellita is unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.

5.6 Before confirming the order, the Customer will have the opportunity to verify the details of their order including the price before confirming the order. Lowellita does not bear responsibility for any mistake on the part of the Customer or any consequence arising from it, for example in terms of delivery delay. In any such case, costs associated with the re-sending of the order will be borne by the client.

5.7 The products offered by Lowellita are those featuring on the website, on the day of the Customer’s visit and only within the limit of available stock. Lowellita reserves the right to modify its offering at any time.

5.8 The Customer can be informed of the unavailability of an item at any time up to the moment of delivery.

5.9 The photographs and the copy used to illustrate Lowellita’s products on the website are merely indicative and are not part of the contract between the Customer and Lowellita.

6. Payment

Payment for an order can be made either by credit card (VISA or MasterCard) or through PayPal. Any other form of payment is not accepted

 

 

7. Shipping and Customs Duty

7.1 All orders received by Lowellita are shipped subject to availability and receipt of payment.

7.2 The cost of shipping will be added to the Customer’s order and borne by the Customer

7.3 Once the items ordered have been dispatched by Lowellita, any risks associated with the shipment are to be borne by the Customer.

7.2 Lowellita reserves the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation the Customer will be contacted and offered a full refund instead of delivery of the product.

7.3 Lowellita cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control.

7.4 If the Customer is ordering a product from outside the EU the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore any order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note Lowellita is unable to provide specific advice on customs duties or tariffs.

8. Cancellation Rights, Returns and Refunds

8.1 Under the Consumer Protection (Distance Selling) Regulations 2000 the Customer has a right to cancel their purchase. However, to exercise this right the Customer must notify Lowellita in writing, (email or letter) within the legal cancellation period in place in the country of purchase.

8.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.

8.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once the Customer has used the product, unless the product is defective and the Customer is returning it for this reason.

8.4 Items may be sealed or shrink-wrapped. If the seal is broken or the wrapping removed the items can only be returned if they are defective.

8.5 No right of cancellation exists for personalised items or items that are intimate in their nature or items where there may be hygiene issues, unless defective.

8.6 Please observe the following procedure for all returns to Lowellita:

8.6.1 On the back of their delivery note or on another piece of paper, (if the Customer no longer has their delivery note), include the order number and the reason for the return.

8.6.2 If the Customer is returning the product because it is defective, please state the defect or defects.

8.6.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately Lowellita will be unable to issue a refund where the product is in an incomplete state.

8.7 If the original packaging surrounding the product has been damaged or destroyed Lowellita will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed the Customer should ensure that the returned product is adequately packed for shipment back to Lowellita.

8.8 The Customer is responsible for paying any postage or shipping costs incurred when returning the product.

8.9 Lowellita recommends that all returns be sent by registered post, so that a record of the return is available for the Customer.

8.10 Lowellita will not issue refunds for any items lost or stolen in transit to Lowellita.

8.11 Any risk associated with the transit/shipment back to Lowellita is to be borne by the Customer. The Customer has to arrange for the shipment and Lowellita is not a party to such shipping contract. Therefore, Lowellita cannot be held responsible for lost or stolen items.

8.12 If the Customer fails to return a product, Lowellita may make arrangements to have the product collected from the Customer. The cost of this collection will be passed on to the Customer.

8.13 Unused products may be returned promptly by customers to our address listed at the end of these terms and conditions.

8.14 Subject to the above, Lowellita will refund the purchase price of a returned product within thirty days of receiving written notification of the Customer’s intention to return the product.

8.15 Lowellita will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by Lowellita or where the product has been returned due to a defect. Please note that Lowellita will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.

9. Customer Complaints

Lowellita endeavours to respond to all Customer complaints or queries within five working days.

10. Faulty Products

Where the Customer experiences a fault with a product it can be returned to Lowellita subject to our returns policy above.

11. Force Majeure

Lowellita shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including but not limited to: acts of god, war, civil disorder or industrial dispute.

12. Licence

12.1 Lowellita grants permission to access the content, information and services contained within our website for personal use only.

12.2 This licence allows the Customer to download and cache (using their browser) individual pages from our website.

12.3 This licence does not allow the Customer to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

12.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

12.5 Our website cannot be placed within the frame-set of another site.

12.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by Lowellita) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

12.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

13. Copyright

13.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.

13.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.

14. User Generated Content

14.1 Where the facility exists the Customer may provide reviews or public feedback on the website of products purchased by the Customer, also known as user-generated content.

14.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.

14.3 As part of providing this content to Lowellita, the Customer agrees to grant Lowellita a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as Lowellita requires, including sub-licensing to other parties.

14.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.

14.5 Lowellita reserves the right to remove any content, which breaches or risks breaching these terms and conditions.

14.6 However, Lowellita shall not assume any responsibility for auditing or monitoring any user generated content.

14.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to Lowellita using our contact details listed at the end of these terms and conditions.

15. Limitations and Exclusions of Liability

15.1 Where content and information is provided on the website without charge Lowellita excludes all liability for such content and information.

15.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.

15.3 All indirect, consequential or special losses or damage are all excluded.

15.4 All other losses or damages not reasonably foreseeable at the time of the contract between the Customer and Lowellita are also excluded.

15.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.

15.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by the Customer or Lowellita.

15.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by the Customer or Lowellita.

15.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.

16. Indemnity

By use of our website the Customer hereby indemnifies Lowellita and undertakes to keep Lowellita indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by the Customer. Such indemnities to include (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from a breach of these terms and conditions.

17. Variation

Lowellita reserves the right to vary these terms & conditions at any time, without giving notice to the Customer. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.

18. Assignment

Lowellita reserves the right to assign our rights and also our obligations under these terms and conditions, without giving notice to the Customer. This right of assignment shall only apply to Lowellita and shall not apply to the Customer in any way.

19. Severability

The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

20. Waiver

Failure by Lowellita to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by Lowellita unless Lowellita acknowledges the waiver in writing.

21. Third Parties

These terms and conditions are between the Customer and Lowellita. They do not apply to, or benefit any third party and are not reliant on any third party.

22. Entire Terms & Conditions

These terms & conditions set out the entire agreement and understanding between the Customer and Lowellita.

23. Statutory Rights

Where acting as a consumer the Customer’s statutory rights are unaffected.

24. Jurisdiction

These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.

Please send any returns, complaints or remarks to:

Lowellita
c/o Alexandra Lowell
53, Avenue Foch
75116 Paris
France


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