Trading Terms & Conditions

In this agreement:

“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

“Content” means the textual, visual or audio content that is encountered on my Website. It may include, among other things: text, images, sounds, videos and animations.

“Extra Work” means all of the work I do and materials I buy to prepare or produce Specified Goods (custom orders).

“Goods” means any of the goods I offer for sale on my Website, or, if the context requires, goods I sell to you. It includes Specified Goods.

“Intellectual Property” means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to my Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.

“Specified Goods” means Goods which have been subject to work or process to your specific order (custom orders).

“My Website” means any website of mine, and includes all web pages controlled by me.

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.

1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
3. the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.
4. in the context of permission, “may not” in connection with an action of yours, means “must not”.
5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
6. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
8. these terms and conditions apply to all supplies of Goods by me to you. They prevail over any terms proposed by you.

1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2. Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement. 
3. If you use my Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
4. Because I rely on my suppliers, I do not guarantee that Goods advertised on my Website are available.
5. I may change these terms from time to time. The terms that apply to you are those posted here on my Website on the day you order Goods. I advise you to print a copy for your records. 
6. The price of Goods may be changed by me at any time. I will never change a price so as to affect the price charged to you at the time when you buy those Goods.
7. If in future, you buy Goods from me under any arrangement which does not involve your payment via my Website, these terms still apply so far as they can be applied.

1. This paragraph applies to Goods which you buy from me as advertised, without change to your specific requirements.
2. Your order is an offer to buy from me.
3. I shall accept your order by e-mail confirmation. That is when our contract is made.
4. At any time before the Goods are despatched, I may decline to supply the Goods to you without giving any reason.
5. If I do not have all of the Goods you order in stock, I will offer you alternatives. If this happens you may:
6. accept the alternatives I offer;
7. cancel all or part of your order.

1. This paragraph applies to Specified Goods (custom orders).
2. Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked me to do.
3. Nothing said or done by me is an acceptance of an order until I confirm clear acceptance in writing, giving you details of my understanding of your exact requirements. From that time, we are both bound to these contract terms.
4. Within 3 business days of entering into this contract I will submit a proof to you for approval.
5. If you wish to make any change to the specification of the Extra Work, you must pay me the sum I estimate that the change will cost me, based on my then current charging rates.
6. If you terminate this agreement before the Specified Goods are complete, you agree to pay me for all of the Extra Work to the date of cancellation by you.

1. Prices of Goods are shown on my Website by each product for sale.
2. It is possible that the price may have increased from that posted on my Website. If that happens, I will not dispatch the Goods until you have confirmed that you wish to buy at the new price.
3. Prices include UK value added tax. If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.
4. Shipping costs are dependent upon the delivery service chosen and will be shown in your shopping basket when you select the delivery method before checkout. Second class delivery is free within the UK, all other delivery services incur a charge.

1. I require the full price of your order before I will send any part of it.
2. Bank charges by the receiving bank on payments to me will be borne by me. All other charges relating to payment in a currency other than Pounds Sterling will be borne by you.
3. Any information given by me in relation to exchange rates are approximate only and may vary from time to time.
4. If, by mistake, I have under-priced Goods, I will not be liable to supply those Goods to you at the stated price, provided that I notify you before I dispatch it to you.
5. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of my Website before I ask you to pay.
6. If I owe you money (for this or any other reason), I will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when I accept that repayment is due.

I take care to make my Website safe for you to use.

1. Card payments are not processed through pages controlled by me. I use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
2. If you have asked me to remember your credit card details in readiness for your next purchase or subscription, I will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

Please note that this paragraph does not apply to any Specified Goods (custom orders) you order through my Website.

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

1. I now inform you that information relating to all aspects of my Goods is not in this document but in my marketing material, whether that is in the medium of my Website or in hard copy.
2. The following rules apply to cancellation of your order:
   1. If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and I will return your money. 
   2. If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell me that you wish to cancel. You must also send the Goods back to me within that same 14 day period. 
   3. I will return your money subject to the following conditions: 
      1. I receive the Goods in a condition in which I can re-sell them at full price, in new condition, with labels and packaging intact. 
      2. you comply with my procedure for returns and refunds. I cannot return your money unless I know who sent them.
3. You are responsible for the cost of returning the Goods. I have no obligation to refund to you your cost of re-packing and returning the Goods.
4. In any of the above scenarios, I will return your money within 14 days.

1. Please examine the Goods received from me immediately you receive them. If you do not tell me of any defect or problem within 30 days of receipt of the Goods, I shall assume that you have accepted them.
2. The procedure to return the faulty Goods is as follows:
3. the Goods must be returned to me as soon as any defect is discovered but not later than six months from receipt by you.
4. please follow the returns procedure which I will send to you as soon as you notify me that you wish to return them.
5. I will return your money subject to the following conditions:
6. I receive the Goods with labels and packaging intact.
7. you comply with my returns procedure. I cannot return your money unless I know who sent them.
8. you tell me clearly what is the fault you complain of, when it first became apparent, and other information to enable me to identify or reproduce it.
9. If any defect is found, then I shall:
10. repair or replace the Goods, or
11. refund the full cost you have paid including the cost of returning the Goods.

1. Goods are delivered no later than 30 days from the day you place an order to purchase the Goods, however usually much sooner.
2. Delivery of Goods will be made by the carrier to the address stipulated in your order.
3. If I am not able to deliver your Goods within 30 days of the date of your order, I shall notify you by e-mail to arrange another date for delivery.
4. I may deliver the Goods in instalments if they are not all available at the same time for delivery.
5. Goods are sent at my risk until delivered to the address you have given to me.
6. Goods are sent by post.  I will send you a message by email to tell you when I have despatched your order.
7. If I agree with you to deliver on a particular day or at a particular time, I will do my best to comply. But no time given is to be treated as contractual. So I am not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

1. If you are not in the UK, I have no knowledge of, and no responsibility for, the laws in your country.
2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

These provisions apply if you buy from me other than being a Consumer. The following rules apply to return the faulty Goods:

1. I do not accept returns unless there was a defect in the Goods at the time of purchase, or I have agreed in correspondence that you may return them.
2. So far as possible, Goods should be returned:
   1. with both Goods and all packaging as far as possible in their original condition;
   2. securely wrapped;
   3. including my delivery slip;
   4. at your risk and cost.
3. You must tell me by email message to contactme @ loulongworth.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return.
4. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
5. If I agree that the Goods are faulty, I will:
   1. refund the cost of return carriage;
   2. repair or replace the Goods as I choose.
6. If I repair or replace the Goods, you have no additional claim against me either under this agreement or by statute or common law, in respect of the defect.

1. My privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 and can be found on my website at Privacy Policy.
2. If you Post Content to any public area of my Website it becomes available to the public domain. I have no control who sees it nor what anyone does with it.
3. Posting Content of any sort does not change your ownership of the copyright in it. I have no claim over it and I will not protect your rights for you.
4. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
5. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
6. Please notify me of any security breach or unauthorised use of your account.

I may invite you to Post Content to my Website in several ways and for different purposes. I have to regulate your use of my Website to protect my business, to protect other users of my Website and to comply with the law. These provisions apply to all users of my Website.

I do not undertake to moderate or check every item Posted, but I do protect my business vigorously. If I believe Content Posted breaches the law, I shall co-operate fully with the law enforcement authorities in whatever ways I can. 

You agree that you will not use or allow anyone else to use my Website to Post Content or undertake any activity which is or may:

1. be unlawful, or tend to incite another person to commit a crime;
2. consist in commercial audio, video or music files;
3. be sexually explicit or pornographic;
4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
5. give the impression that it emanates from me or that you are connected with me or that I have endorsed you or your business;
6. be made on behalf of some other person, or impersonate another person;
7. request or collect passwords or other personal information from another user without their permission, nor Post any unnecessary personal information about yourself;
8. be used to sell any goods or services or for any other commercial use not intended by me, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for their commercial use;
9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as I designate;
10. link to any of the material specified in this paragraph;
11. use distribution lists that include people who have not given specific permission to be included in such distribution process;
12. send age-inappropriate communications or Content to anyone under the age of 18.

In connection with the restrictions set out below, I may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

1. hyperlinks, other than those specifically authorised by me.
2. keywords or words repeated, which are irrelevant to the Content Posted.
3. the name, logo or trademark of any organisation other than yours.
4. inaccurate, false, or misleading information.

1. For the avoidance of doubt, this paragraph is addressed to any person who comes on my Website for any purpose.
2. I am under no obligation to monitor or record the activity of any user of my Website for any purpose, nor do I assume any responsibility to monitor or police Internet-related activities. However, I may do so without notice to you and without giving you a reason.
3. If you are offended by any Content, the following procedure applies:
4. your claim or complaint must be submitted to me in the form available on my Website, or contain the same information as that requested in our form. It must be sent to me by post or email.
   1. we shall remove the offending Content as soon as I am reasonably able;
   2. after I receive notice of a claim or complaint, I shall investigate so far as I alone decide;
   3.  I may re-instate the Content about which you have complained or I may not.
5. In respect of any complaint made by you or any person on your behalf, whether using my form of complaint or not, you now irrevocably grant to me a licence to publish the complaint and all ensuing correspondence and communication, without limit.
6. you now agree that if any complaint is made by you frivolously or vexatiously you will repay me the cost of my investigation including legal fees, if any.

If you violate my Website  I shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

1. modify, copy, or cause damage or unintended effect to any portion of my Website, or any software used within it.
2. link to my Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
3. download any part of my Website, without my express written consent;
4. collect or use any product listings, descriptions, or prices;
5. collect or use any information obtained from or about my Website or the Content except as intended by this agreement;
6. aggregate, copy or duplicate in any manner any of the Content or information available from my Website, other than as permitted by this agreement or as is reasonably necessary for your use of my Website;
7. share with a third party any login credentials to my Website;
8. Despite the above terms, I now grant a licence to you to:
   1. create a hyperlink to my Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying me or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of mine as part of the link without my express written consent.
   2. you may copy the text of any page for your personal use in connection with the purpose of my Website.

1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3. I make no representation or warranty for:
   1. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
   2. the adequacy or appropriateness of the Goods for your purpose.
4. I claim no expert knowledge in any subject. I disclaim any obligation or liability to you arising directly or indirectly from information you take from my Website.
5. You agree that in any circumstances when I may become liable to you, the limit of my liability is the amount you have paid me in the immediately preceding 12 month period for the Goods concerned.
6. I shall not be liable to you for any loss or expense which is:
   1. indirect or consequential loss; or
   2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or I knew you might incur it.
7. If you become aware of any breach of any term of this agreement by any person, please tell me by email. I welcome your input.

1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. I need this information to provide you with the Goods.
2. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3. You agree to accept responsibility for all activities that occur under your account or password. You should tell me immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

You agree to indemnify me against all costs, claims and expense arising directly or indirectly from:

1. your failure to comply with the law of any country;
2. your breach of this agreement;
3. any act, neglect or default by any agent, employee, licensee or customer of yours;
4. a contractual claim arising from your use of the Goods;
5. a breach of the intellectual property rights of any person.

1. Copyright works owned by you or a third party are unaffected by this agreement.
2. The Intellectual Property in all work I do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to me.
3. If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to me.
4. I now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.

In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

1. If you are not happy with my services or have any complaint then you must tell me by email message to 
2. contactme @ loulongworth.com. 
3. If a dispute is not settled as set out above, I hope you will agree to attempt to resolve it by engaging in good faith with me in a process of mediation or arbitration. 
4. I can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.  

1. When I communicate with you I do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
2. Where I provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon me in respect of those goods or that service.
3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
   It shall be deemed to have been delivered:
   – if delivered by hand: on the day of delivery;
   – if sent by post to the correct address: within 72 hours of posting;
   – If sent by e-mail to the address from which the receiving party has last sent e-mail: within 72 hours if no notice of non-receipt has been received by the sender.
8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9. I shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond my reasonable control.
10. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
11. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.