TERMS OF SALE
This page tells you the terms and conditions on which we supply any of the products listed on our website www.lesexenrose.com to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
At checkout, please click on the check box marked “I’ve read and accept the terms & conditions ” if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site. We reserve the right to change the Terms and Conditions at any time and it is your responsibility to check regularly before ordering. This does not affect your statutory rights.
INFORMATION ABOUT US
www.lesexenrose.com is a site operated by Morena Nerri & Ivano Messinese
We are registered in England and Wales under the HMRC Number: 20482 38333 with our registered office and main trading address at basement flat 21-22 Berkeley Square – BS8 1HP, BRISTOL (UK)
TERMS OF SERVICE
HOW THE CONTRACT IS FORMED
After placing an order, you will receive an e-mail from us confirming that your order is being processed. We will charge your credit or debit card at the time of checkout.
All orders are subject to acceptance by us by sending you an e-mail confirming dispatch (the Dispatch Confirmation), at which stage the contract is formed. If we cannot fulfil your order for any reason, we will let you know as soon as possible and provide a full refund.
We provide links to the websites of other companies. We are not responsible for the products or the service provided by third party companies (this disclaimer does not affect your statutory rights against that third party).
If you are contracting as a consumer, you may cancel a contract at any time within 14 calendar 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 policy (set out in clause 8 below).
To cancel a contract, you must inform us in writing or by sending an email to firstname.lastname@example.org You must return the Product(s) to us as soon as possible at the main trading address above in an unused, undamaged condition. You are responsible for paying the cost of returning the Product(s).
Please note that you have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Except where a Product is defective, you may not cancel a contract for the supply of any of the following:
Products produced or altered to your own specification;
Perishable goods, including fresh foods or plants.
AVAILABILITY OF GOODS YOU ORDER
If we have insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by Le Sex en Rose from your credit card will be re-credited to your account and Le Sex en Rose will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Le Sex en Rose will not be obliged to offer any additional compensation for disappointment suffered.
Please note: we endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our website as quickly as we can to minimise disappointment. The process of updating the website when goods have sold out at promotional price can take a few hours to update. Please note that the price the goods are offered for tender are as displayed in the Shopping Basket. Rest assured your credit card will only be debited as your order or individual items from your order are dispatched.
DELIVERY OF GOODS TO YOU
Le Sex en Rose will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give Le Sex en Rose at the time you make your order. For goods delivered outside of the EU, the consignee (ie the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of despatch of the order. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies.
You will become the owner of the goods you have ordered when the goods are despatched to you from our distribution centre.
If you are ordering goods for delivery outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Le Sex en Rose has no control over additional charges in relation to customs clearance. Le Sex en Rose recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
This is as follows:
- If the goods Le Sex en Rose delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Le Sex en Rose shall have no liability to you unless you notify of the problem, in writing using at our email address provided within 10 working days of the delivery of goods in question.
- If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, Le Sex en Rose shall have no liability to you unless you notify Le Sex en Rose in writing at the Le Sex en Rose contact address of the problem within 40 days of the date on which the goods were despatched to you.
- If you notify a problem to Le Sex en Rose under this condition, Le Sex en Rose only obligation will be, at its 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 to the original method of payment, unless such method is no longer valid in which case Le Sex en Rose e-coupons will be issued to the value of the refund due.
- Le Sex en Rose will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Le Sex en Rose under this condition and Le Sex en Rose 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 paragraph (c) above.
- Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Le Sex en Rose liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
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
- 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;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- 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 any part of these conditions is unenforceable (including any provision in which Le Sex en Rose excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Le Sex en Rose operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact us at our main trading address.
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
These Terms and Conditions, together with the current Le Sex en Rose website prices, delivery details and Le Sex en Rose contact details, set out the whole of our agreement relating to the supply of the goods to you by Le Sex en Rose. These Terms and Conditions cannot be varied except in writing signed by a director of Le Sex en Rose. In particular nothing said by any sales person on behalf of Le Sex en Rose 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 Le Sex en Rose. Waterstones shall have no liability for any such representation being untrue or misleading.
The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Le Sex en Rose shall not be responsible for any detrimental reliance you place on this website or its contents.
Le Sex en Rose is providing this site and its contents (including any downloadable data or software) on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Le Sex en Rose makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.
The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Le Sex en Rose howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
Neither Le Sex en Rose nor any of its employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
PROMOTIONAL DISCOUNT CODES
We may occasionally offer discount codes to customers.
Discount codes are exclusive of online postage and packaging and can only be used once per person with one discount code to be used per transaction. Discount codes cannot be used with any other voucher, coupon or offer. Discount codes can only be used at time of purchase and not retrospectively. Discount codes can only be used on www.lavendercoffeeshop.co.uk and not in Le Sex en Rose store. Discounts do not apply to Gift cards or Click & Collect. They also do not apply to any partner sites. We reserve the right to withdraw codes at any time.
All discount codes are subject to their own Terms and Conditions.
In these Terms and Conditions:
- ‘We’ and ‘ Le Sex en Rose‘ means COMPANY AND ADDRESS, any connected organisation that actually supplies goods ordered by you and any successor to its business;
- ‘working day’ means every day of a calendar year apart from weekends and statutory and public holidays;
- ‘us’ means Le Sex en Rose and you together; and
- ‘you’ and ‘your’ means the person ordering goods under these Terms and Conditions.
YOUR USE OF THIS WEBSITE
- You must not use this website inappropriately or in contravention of any laws. In particular you agree not to distribute, upload or publish any material or files that might:
- be considered defamatory, inaccurate, threatening, offensive, indecent or calculated to incite hatred;
- constitute a breach of confidence, infringe copyright or any other intellectual property right, privacy or any other right of a third party; or
- contain viruses or other harmful features, programs or devices.
- You are responsible for the accuracy of any information you submit to the website.
- You agree to keep any password used on this website confidential. You agree that we will not be responsible for any activity on this site resulting from a third party gaining access to your password.
- All web site design, text, photography, graphics and their selection and arrangement, unless otherwise indicated, are Copyright © 2016 www.lesexenrose.com , all rights reserved.
- Trade marks used on this web site are the property of their respective owners. These trade marks are protected by law and you may not use these trademarks.
- You are not permitted to use any of our copyrighted material or trade marks in any way. If you do so without our written consent we will have a right of action against you in law for copyright and/or trade mark infringement and you must remove such material with immediate effect.
- You are not permitted to modify the content of this website in any way.
- Any links from this website to other sites are provided solely for your convenience. We are not responsible for the direct or indirect consequences of you linking to any other web site. We are not responsible for and have no control over the content of any external sites, and the provision of a link is not an endorsement of any other site or its contents.
- You may only create a link to this website on the basis that you link to the homepage and on the condition that you do not imply that we are endorsing any products or services other than our own, that you do not misrepresent your relationship with us or present any false information, you do not use any trade marks displayed on the Website without their owners’ express written permission, and your website does not contain material which is distasteful, offensive or infringes any rights of any person.
- We may alter this site and these terms, conditions and disclaimers at any time.
- We do not make any representation or give any warranty or other assurance (and all such warranties, terms and representations that might otherwise apply by operation of law, practice or otherwise are hereby excluded to the fullest extent permitted) as to:
- the operation, quality, timeliness, reliability, usefulness or functionality of this website or any information on this website;
- the availability of this website. Access to this Website may be interrupted, restricted or delayed for any reason and at any time (for example, to enable changes to be made);
- the compatibility or performance of this website with (or its effect on) your computer equipment;
- this website being free from errors, defects, viruses or other harmful features, programs or devices;
- the accuracy, completeness, suitability, timeliness or fitness for any particular purpose of any content on this website or accessed through a link on this website.
LIMITATION OF LIABILITY
- We are not liable for and disclaim to the fullest extent permissible under any applicable law all liability and responsibility in connection with the use, inability to use or the results of use of this website for any amount or kind of loss, damage, expenses, costs or liability that you or any third party may suffer, including without limitation any direct, indirect, punitive, special or consequential loss or damage or any loss of income, profits, anticipated savings, goodwill or data whether arising in tort, contract, operation of law or otherwise. This limitation does not apply to your purchase of products via this website, which is governed by our Sale Terms.
- If any of these terms and conditions would otherwise be held invalid, the invalid term or condition shall be interpreted as applicable only to the extent permitted without being invalid and the remainder of the terms and conditions shall not be affected.
- These terms and this disclaimer and any claim based on use of information from this web site shall be governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of England.