Terms and Conditions
Live Hermosa Limited – Website Terms and Conditions for the supply of Products
Last Updated: 23/05/2021
IMPORTANT NOTICE:
PLEASE READ THESE TERMS AND CONDITIONS "Terms" CAREFULLY AS THEY
APPLY TO THE PRODUCTS WE PROVIDE AND YOUR USE OF THIS WEBSITE
"Website".
You should print a copy of these Terms for future reference.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply
products and goods to you. These terms also govern your use of the Website www.livehermosa.com.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Live Hermosa Limited a company registered in England and Wales. Our company registration number is 10834977 and our address is 163 Euston Road, London NW1 2BH. Our registered VAT number is
348358959.
2.2 How to contact us. You can contact us by emailing our customer service team at info@livehermosa.com. Our team will endeavour to respond to your email within 3 working days.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address which you have provided when registering for an account on our website.
2.4 "Writing" includes emails. When we use the words "Writing" or "Written" in these terms, this includes emails.
3. Use of the Website
3.1 Changes to the Website. The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be
uninterrupted. The Website may be suspended or withdrawn or the availability of all or any part of the Website may be restricted for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
3.2 Access to the website. You are responsible for ensuring that anyone who accesses the Website through your internet connection is aware of these Terms and that they comply with them. You are responsible for configuring your information technology, computer programmes and platform to access the Website.
3.3 Registered account details. You are responsible for keeping your account details secure and you must keep these confidential. If you think anyone knows your account details, you must inform us immediately. We accept no responsibility for unauthorised access to your account.
3.4 Bugs / viruses. We do not guarantee that the Website will be secure or free from bugs or viruses. You should use your own virus protection software.
3.5 Permitted use of the website. You are not allowed to knowingly introduce viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful to the Website. We also do not permit attempts to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer, database connected to the Website or the attachment of the Website via a denial-of-service attack or a distributed denial-of-service attack.
4. Our contract with you
4.1 Conditions. To place an order an order with us you must be 18 years of age or over and have created an account on our website and provided accurate and current personal information where requested.
4.2 How we will accept your order. Our acceptance of your order will take place when we email confirmation, at which point a contract will come into existence between you and us. Completion of the contract will occur when the goods delivered to the address which you have specified.
4.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.5 We are based in the UK. Our website is solely for the promotion of our products in the UK. Whilst we may accept orders from
and deliver to addresses outside the UK from time to time, the governing law
and jurisdiction for any and all transactions is that of England and Wales. We
reserve the right to reject any orders received from, or any orders requesting
delivery to, territories outside the UK at our sole discretion.
5. Our products
5.1 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
6. Our rights to make changes to the Products
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products. we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. We will also contact you with an estimated delivery date.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 When you become responsible for the goods. You will become responsible for the goods when we deliver the product to the address you provided us.
7.5 When you own goods. You own a product which is goods once we have received payment in full.
7.6 Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. Please contact our customer service team if you change your mind within 14 via email at info@livehermosa.com.
7.7 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have
been unsealed after you receive them;
7.8 When we will pay the costs of return. We will only pay the costs of return:
(a) if the products are faulty or misdescribed;
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.9 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price.
7.10 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) your refund will be made within 14 days from the day on which we receive the
product back from you;
8. If there is a problem with the product
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us (info@livehermosa.com).
8.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us and we will pay the costs of postage. Please email the customer services team for a return label (info@livehermosa.com).
8.3 Bundles/Sale items. Please note we cannot accept the return of individual products which have been purchased as part of a discounted bundle of products, promotion or sale unless all the products in the bundle are returned.
9. Price and payment
9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advertised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the product you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 We will pass on changes in any tariffs. If the rate of any import or
export tariffs change between your order date and the date we supply the
product, we will adjust the price that you pay, unless you have already paid for
the product in full before the change in tariffs takes effect.
9.4 What happens if we got the price wrong. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.5 When you must pay and how you must pay. We accept all major credit and debit cards and payment must be made before products are dispatched
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
10.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. Subscription
11.1 Monthly subscription terms. Live Hermosa offer a rolling monthly subscription service which allows you to repeat order products. You must opt-in to the subscription model and purchase at least one product each month to qualify. Live Hermosa have complete discretion in respect of ending or continuing with your subscription.
12. Discount Codes
12.1 Rules governing the use discount codes. Live Hermosa may occasionally issue discount codes for use when purchasing products. The use of a discount code must be in accordance with the following rules:
(a) only one code can be applied per order (i.e. codes cannot be used
cumulatively);
(b) bundles and sales items are excluded from discount codes;
(c) discount codes cannot be applied retrospectively or after an order has been
placed.
13. Competitions
13.1 Participation rules. Competitions are open to all UK residents, except employees of Live Hermosa, their families, agents or any third party directly associated with the administration of any compaction.
13.2 Live Hermosa's decision is final. The decision of Live Hermosa regarding any aspect of any competition is final and binding.
13.3 The Prize. Any competition prize for the winner(s) is non-exchangeable, non-
transferable and no cash alternative is offered.
13.4 Delivery of a Prize. Any physical prizes will be sent by post to the winner(s) within 30 days of being notified of their win.
14. How we may use your personal information
14.1 How we may use your personal information. Live Hermosa takes its data protection obligations very seriously. For more information on how we use your personal data and your rights in relation to your personal data please see our privacy policy which is available here .
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.1 .
15.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English courts.