Terms of Sale
The coloured text on the right-hand side of each paragraph provides a short explanation of the terms and conditions and is of no legal effect. It is important that you find the time to read the full version of our Terms of Sale, as they are legally binding.
Last updated on 23 August 2016.
Scope Of These Terms Of Sale
Order And Contract Creation
The Contract will apply to the exclusion of any other terms, including any terms and conditions which you may purport to apply under any purchase order, confirmation of order or other document. By placing an order with us you acknowledge that any business conducted thereunder will be subject to these Terms of Sale. A Contract will only subsist after we have debited your payment card and sent an Order Confirmation (whether or not you have received it) and will relate only to Goods specified in the Order Confirmation.
Nothing in these Terms of Sale shall operate to deny or limit any of your rights as a consumer by law. In the event of conflict between the terms of the Contract and any such rights, the latter shall prevail in favour of you as a buyer who does not purchase Goods in the course of any kind of business.
All Goods offered for sale are subject to availability and subject to our acceptance of the order. No order shall be deemed accepted by us unless and until it is confirmed unconditionally by us via email.
The technical steps required to create the Contract between us are as follows:
- You place the order for your Goods on the Websites by adding the Goods to your basket and pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the relevant Website.
- You fill in all the details required to complete a purchase and make a payment. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
- We will send to you an order acknowledgement email detailing the Goods you have ordered. This is not an Order Confirmation. You should check that the details in this order acknowledgment are correct, and keep a copy of it.
- You will receive an Order Confirmation for your order via email once your order has been shipped. The completion of the Contract will take place on the dispatch to you of the Goods ordered unless we have notified you that we do not accept your order, or you have cancelled it. The Contract will relate only to the Goods stated in the Order Confirmation. We will not be obliged to supply any Goods in your order until you receive an Order Confirmation.
You should check that the details in the Order Confirmation are correct, and keep a copy of it.
We reserve the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, at its sole discretion. Non-acceptance of an order may be a result of one of the following:
- the Goods you ordered being unavailable;
- our inability to obtain authorisation and confirmed receipt for your payment;
- the identification of a pricing or product description error; or
Description Of Products
All Goods displayed for sale on the relevant Website are subject to their product description which sets out additional specific conditions related to those Goods, including without limitation, terms and conditions concerning estimated delivery dates and times, warranties and returns eligibility.
We will take all reasonable care to ensure that all details, descriptions and prices of Goods appearing on each Website are correct at the time when the relevant information is entered onto the system. Although we aim to keep the Websites as up to date as possible, the information, including product descriptions, appearing on the Websites at a particular time may not always reflect the position exactly at the moment you place your order. We will notify you of any material changes to this information which shall be deemed to have been accepted by you unless we receive a notification in writing within 14 days upon notification. It is your responsibility to provide us with a valid e-mail address for such communications.
While we make every effort to provide accurate and helpful information, commentary and other materials posted on the Websites are a guide only and not intended to amount to advice on which reliance should be placed. To the fullest extent permitted by applicable law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Websites, or by anyone who may be informed of any of its contents.
For the avoidance of doubt, all references to Goods in these Terms of Sale shall include digital patterns (“Digital Patterns”) insofar as the context permits (or is otherwise expressly stated). This section, “Digital Patterns” set out those specific terms relating to the download of Digital Patterns and these specific terms such shall prevail over any other conflicting terms herein in to the extent that they relate to Digital Patterns.
Digital Patterns are made available for you to “purchase” from our Websites in the form of an irrevocable, non-exclusive, non-transferable and non-sub-licensable licence which we will grant to you provided that you fulfil your duties under these Terms of Sale including but not limited to provision of information and payment. You must not breach the terms of such license by copying, distributing, modifying, adapting or using the Digital Pattern in any way other than its intended purpose.
Notwithstanding the provisions in these Terms of Sale relating to Goods other than Digital Patterns, once downloaded, you shall not be able to cancel your order or “return” a Digital Pattern except in the case of a fault or defect. On purchase and prior to download, you will be prompted to acknowledge and accept that by downloading the Digital Pattern, you shall lose your consumer rights to cancel the order for such Digital Pattern(s).
In the case of a fault with a Digital Pattern, you must contact us within 30 days of purchase at email@example.com or firstname.lastname@example.org as applicable. It is your responsibility to download the Digital Pattern and check for faults within this period. We will not be able to issue a refund after this time under any circumstances.
“Order Price” means the price at which we have agreed to accept your order and is deemed inclusive of delivery charges and any VAT or other sales tax. “Delivery price” is quoted for delivery in the United Kingdom unless otherwise specified. “Product Price” quoted on the relevant Website is the sale price of the product that includes VAT or other sales tax which is chargeable on the sale of the Goods but exclude delivery costs and any costs related to importing products to a country outside the UK.
We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to change the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control. In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
All prices on our UK Websites will be displayed in GBP.
By placing an order you agree to payment being charged to your debit/credit card account or electronic payment account as provided on the order form before the shipment of the Goods. Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form. However, we do not accept the following: Diners Club, JCB, Laser, Discovery. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By accepting these Terms of Sale you confirm that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own.
Payment will be taken out of your account before delivery of the Goods.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence or breach of statutory duty on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from a Website.
All payments will be taken in the currency the price is displayed at on the site.
The place for delivery of the Goods will be agreed between us and you during the checkout process, which may be an address other than the billing address.
We offer standard delivery to anywhere in the United Kingdom, with the exception of Jersey and Guernsey islands, military addresses (BFPO) and Gibraltar. We can, at our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.
If we agree to supply any Goods ordered from one of the Websites for delivery to countries outside of the UK, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including applicable sales tax and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order. When shipping products internationally, please be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and we will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Goods however caused.
We comply with the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contract Regulations”). If no delivery dates are specified, orders will be delivered within 30 days of the original order date. Where earlier dates are specified, these cannot be guaranteed.
You must inspect the Goods on delivery (and in the case of Digital Patterns, “delivery” shall mean the date on which the Order Confirmation containing the link to download such Digital Pattern is sent to you). If you are asked for your signature on delivery, you should examine the Goods before signing for it. We reserve the right to deliver the Goods in instalments. Subject to your rights as a consumer, if the Goods are to be delivered in instalments each delivery will constitute a separate Contract. You may not treat the Contract (as a whole) as repudiated if we fail to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.
Cancelling Your Contract
You are entitled to cancel your order at any time prior receiving the Order Confirmation. If you are a UK or EU customer, after receiving the Order Confirmation you have a statutory right under the Consumer Contract Regulations to cancel any order for Goods at any time prior receiving the Goods or up until fourteen days after receiving them without giving any reason. If your Goods are delivered in instalments, the cancellation period will be fourteen days after receiving the last of the Goods.
To exercise this statutory right to cancel and return the Goods, you must inform us of your decision to cancel by a clear written statement (“Notification of Cancellation”) to the address given at the end of these Terms of Sale. You may use the standard Notification of Cancellation form set out at the end of these Terms of Sale, but you do not have to. After providing a Notification of Cancellation, you should send the Goods back to us in the original packaging with a copy of your invoice without undue delay and in any event not later than fourteen days from the day on which you communicate your Notification of Cancellation to us. You will bear the direct cost of returning the Goods. We will provide a full refund on the price paid for the Goods and the original delivery charge (except for any supplementary costs arising if you chose a more expensive type of delivery to our standard service) without undue delay and not later than:
- fourteen days after the day we receive the Goods back from you, or
- if earlier, fourteen days after the day you provide evidence that you have returned the Goods; or
- if there were no Goods supplied, fourteen days after the Notification of Cancellation,
provided that we may make a deduction from the refund for the loss in value of any Goods if caused by unnecessary or excessive handling by you.
You shall also have the right to cancel an order for Goods in the case of faulty or defective Goods at the earliest opportunity after you have discovered the fault or defect – as long as the fault is not due to misuse (including use contrary to the manufacturer’s instructions) or normal wear and tear. In cases of cancellation due to faulty, defective or wrongly delivered Goods, you must provide a Notification of Cancellation within 30 days of receiving the Goods and should include the order number and details of the claim. Upon receiving your Notification of Cancellation, we will contact you providing all relevant instructions. You must then immediately return the Goods to us and, provided that the Goods are faulty, defective or wrongly delivered, we will refund the cost of return postage provided you provide proof of postal cost. Your refund will be paid on safe arrival of the Goods at our premises.
We may cancel the Contract in the unlikely event that the price and/or description of an item listed on the relevant Website has been incorrectly advertised. We will not be under any obligation to provide those Goods to you. If we discover the error before sending an Order Confirmation, we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we discover the error after sending you an Order Confirmation we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify you if we cancel the Contract and you will receive a full repayment of the amount paid to us as full and final settlement of all and any claims you may have as against us for non-delivery.
Returns And Refunds
In addition to your statutory rights to cancel your contract as set out above, we will also allow you to return the Goods (other than Digital Patterns) within 30 days of delivery for a full refund of the cost of the Goods. UK customers may use their “Free Returns” label but customers in any other countries will be liable for the original postage costs and costs of shipping the Goods to us. Faulty, defective or wrongly delivered goods will be fully refunded and in this instance we will also refund the original and return postage costs, wherever you are located. For more detailed information refer to our Returns and Refunds guide.
All Goods which are returned by you to us must be returned with appropriate packaging and the original invoice. Since you are liable for damage to Goods due to insufficient packaging by you, the best option is to return them with the original packaging as supplied by us. The Goods must be in an unused condition (except only in the case of Goods which have been discovered upon use to be faulty) to ensure part or full refund in respect of such Goods. Value packs and colour packs may be returned only as a whole pack or kit, we are unable to accept the return of part packs or kits. All returns need to be returned to the standard returns address provided on the delivery slip for a full refund to be possible. Please retain a certificate of posting as proof of your return.
Your parcel is your responsibility until it reaches us, so we recommend using Registered Post. We cannot accept responsibility for parcels that get lost on the way to us.
In the case of faulty Goods, please ensure there is a copy of the postal cost receipt returned with the faulty item(s) so that we can reimburse this amount. Please do not return by courier as we will not accept full courier charges.
We will issue you with a refund for the price you paid for the Goods on receipt of the returned Goods and always within 30 working days of the notice of cancellation. Once processed, a refund may take up to 4 days to appear in your account.
In the case of a valid claim for faulty, defective or wrongly delivered Goods, we will refund to you the Order Price (or in the case of an order containing multiple items, the relative proportion of the Order Price) within 30 days. We will have no further liability to you in respect of the matters referred to in this condition.
In the event that we accept an order from you and that for reasons beyond our control we are unable to supply the Goods ordered by you then you will be offered a similar Good of equal or higher value or if preferred a full repayment of the amount paid to us as full and final settlement of all and any claims you may have as against us for non-delivery.
You accept that e-mail and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
Risk And Property
Risk of damage to or loss of the Goods will pass to you on receipt of delivery at the agreed address (and in the case of Digital Patterns, “delivery” shall mean the date on which the Order Confirmation containing the link to download such Digital Pattern is sent to you). Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from us until we have received in cleared funds full payment of the Order Price and all other sums which are due, owing or payable by you to us in respect of the Contract or any other Contract between us and you.
Our Liability To You
If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Contract or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. Subject to the rest of this Section, our liability to you for any losses, costs, claims liability arising out of or in relation to the Contract (whether based in contract, tort (including the tort of negligence), strict liability or otherwise) is limited to £100.
We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
- defective products under the Consumer Protection Act 1987;
- any liability which cannot be excluded or restricted under the Consumer Rights Act 2015.
Please also note that we are under a legal duty to supply goods that are in conformity with the Contract.
Neither LoveKnitting, nor our affiliates, directors, employees or contractors will be liable in any way for loss, damage, costs or expenses (including, but not limited to, loss of reputation, office time or profit) arising directly or indirectly from any failure or delay in performing any obligation under a Contract by reason of any event or circumstance outside our (or their) reasonable control, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Each provision of these Terms of Sale shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Other Important Terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under the Contract. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Jurisdiction And Applicable Law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to these Terms of Sale and/or a Contract.
These Terms of Sale, a Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you are resident in the European Union, the following European Commission online dispute resolution platform is available to you as a framework for extrajudicial settlements of disputes arising from online contracts: http://ec.europa.eu/consumers/odr/
Contact us any time if you have any concerns. If you have any comments or concerns related to your purchase of any Goods from us, please contact email@example.com, phone us on 0800 802 1189 , or write to us at: 7th Floor, 10 Bloomsbury Way London, WC1A 2SL.