TERMS AND CONDITIONS OF SUPPLY
This page (together with any documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the goods (Goods) listed on our website www.lilacblue.com (our site) to you. These Conditions shall govern any contract for the sale or hire of Goods listed on our site which is made at a distance between us and any customer (you) by any method, including but not limited to telephone, email and fax and also via our site. You must tick the checkbox at checkout if you wish to be able to order Goods from our site.
It is important to read and understand these Conditions before placing your order.
Information about us
1.1 www.lilacblue.com is a site owned and operated by Lilac Blue London Limited (we). We are registered in England and Wales under company number 04563798 with our registered office at 1 Old Court Mews, 311 Chase Road, London, N14 6JS, United Kingdom.
1.2 It is prohibited to access our site from territories where its contents are illegal or unlawful. If you access this site from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
How the contract is formed between you and us
1.3 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
1.4 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
1.5 Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these Conditions.
1.6 You must ensure that the terms of your order and any applicable specification are complete and accurate.
1.7 These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.
1.8 For the purposes of these Conditions, you shall be contracting as a consumer if you are not acting for the purposes of your business, trade or profession in purchasing Goods from us. All other customers shall be contracting as business customers. If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Goods and you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 9 below). This right of cancellation does not apply to any Goods which are personalised, customized, made to your specification or specially ordered.
1.9 To cancel a Contract, you must inform us in writing and you must return the Goods to us immediately thereafter, at your own cost and risk. You have a legal obligation to take reasonable care of the Goods 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.
Availability and delivery
1.10 All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods you have ordered.
1.11 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days if you are contracting as a consumer, or within a reasonable time of the date of the Dispatch Confirmation if you are contracting as a business customer.
1.12 We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.
1.13 All UK deliveries will be made using either Royal Mail Special Delivery or by a reputable courier company and will be charged at the rates set out in our site at the time of purchase.
1.14 Non-UK delivery options will be quoted by us to you when you place your order.
1.15 You may be required to pay extra for delivery to certain destinations and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our site. If we are unable to deliver to your location we will notify you of this by email and invite you to choose a different delivery location; if you are unable or unwilling to do this, we reserve the right to cancel your order and refund your payment.
1.16 If your order is returned to us because the courier or postal service could not complete delivery to you for any reason, you will be responsible for the additional delivery charges if the Goods are re-delivered. We will contact you upon the return of the Goods to us by the courier or postal service and we can either arrange re-delivery of the Goods, or you will have the option of cancelling your order and we will refund your payment, less delivery charges.
1.17 In the event that you are in breach of the Contract, we reserve the right to refuse to supply you with any additional Goods, or to suspend the delivery of any Goods, without limiting any other remedy available to us. We may exercise this right until such time as the breach has been remedied, where such breach is remediable.
Risk and title
1.18 The Goods will be at your risk from the time of delivery.
1.19 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, (including carriage charges, where applicable).
1.20 If you are contracting as a business customer, ownership of the Goods will only pass to you upon (i) our receipt of the sums detailed in clause 7.2 above, together with (ii) all other sums which are or which become due to us from you on any account. Until ownership of the Goods has passed to you, if you are contracting as a business customer, you must:
7.3.1 Store the Goods (at no cost to us) separately from all your other goods and any goods of any third party in such a way that they remain identifiable as our property;
7.3.2 Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep it insured on our behalf for the full price of the Goods against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and
7.3.3 Hold the proceeds of the insurance referred to in clause 7.3.2 on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
1.21 If you are contracting as a business customer, your right to possession of the Goods shall terminate immediately, if:
7.4.1 You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
7.4.2 You suffer or allow any execution, whether legal or equitable, to be levied on your property or be obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you cease to trade, or you encumber or in any other way charge the Goods.
Price and payment
1.22 The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.
1.23 All prices and charges shown on our site are in UK pounds sterling, which is the currency in which you will be billed; any other currency displayed on our site is for comparison only. If you purchase the Goods from outside the United Kingdom, currency fluctuations and credit card charges may make a difference to the amount billed to your credit or debit card. All prices include VAT and include delivery charges, subject to additional charges for delivery to certain destinations.
1.24 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
1.25 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
1.26 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
1.27 Unless your company has an approved trade account with us, payment in full for all Goods is required at point of sale. Goods will not be dispatched until full payment has been received; this will not be deemed to have occurred until (i) the credit or debit card used by you to make payment has been verified; or (ii) your certified cheque has been received by us and has cleared; or (iii) we have received your bank transfer. We accept payment by credit or debit card with Visa, Mastercard and American Express.
Our refunds policy
1.28 When you return Goods to us:
(a) Because you are contracting as a consumer and you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) When you return Goods to us for any other reason, returns will be subject to the following process:
(i) Returns of any non-faulty Goods by business customers under this clause 9 (1) (b) shall only be refunded or replaced without charge if you contact us in writing within 7 days of receipt of the Goods, informing us of your wish to return them and thereafter follow the procedure for returning the Goods which will be notified to you by us. Without limitation, you must take reasonable care of any Goods in your possession and any Goods must be returned in the same condition in which you received them with all original packaging and at your own cost and risk; in addition, all returns will be subject to our consent and the payment of a restocking charge which will be outlined in full to any business customer wishing to make a return. Any Goods which are personalised, customized, made to your specification or specially ordered may not be returned unless the Goods are found to be damaged or defective;
(ii) If you wish to return Goods to us because they are damaged or defective, or do not materially conform to their specification, any such damage, defect or nonconformity must be notified to us as soon as possible, but in any event within 7 days of the date that you discovered or ought to have discovered the damage, defect or nonconformity, (within 48 hours if damage in transit is alleged), and no further use of the Goods must be made following discovery of the damage, defect or nonconformity. We will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the damaged, defective or nonconforming Goods. Goods returned by you because of damage, defect or nonconformity will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
1.29 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
1.30 You have an obligation to take reasonable care of the Goods whilst they are in your possession. The consequences of failing to discharge this obligation with respect to any Goods to which clause 9.1 (a) applies are set forth in clause 5.2; we may also, at our discretion and without limitation, refuse to refund or replace any Goods to which clause 9.1 (b) applies if we consider that you have failed to discharge this obligation.
1.31 In accordance with clause 9.3, you must not make any improper use of, or make any unauthorised modifications or repairs to, the Goods, and you must otherwise take reasonable care to avoid any risk of damage occurring to the Goods by any means.
1.32 Notwithstanding the provisions of clause 10.1.1 which relate to fitness for purpose, unless otherwise agreed by us in writing in any particular instance, you shall be solely responsible for selecting Goods which are suitable for use for the specific purpose for which they are to be used.
1.33 For the avoidance of doubt, if any failure to discharge the obligation in clause 9.3 results in any loss or damage pursuant to clause 10, any such loss or damage may be considered as having been caused by you or contributed to by you.
1.34 If you are contracting as a consumer:
10.1.1 We warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but
10.1.2 We shall only be liable to you for:
10.1.2.1 Losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased); and
10.1.2.2 Losses that are caused as a result of our negligence.
10.1.3 We shall not be liable for any loss pursuant to clause 10.1.2 if:
10.1.3.1 Any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or
10.1.3.2 Any such loss (or any part thereof) was caused by or contributed to by your breach of any of these Conditions.
10.1.4 For the avoidance of doubt, we shall not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) howsoever arising and whether caused by breach of contract, negligence, or otherwise.
1.35 If you are contracting as a business customer:
10.2.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.
10.2.2 Without limiting the generality of clause 10.2.1, we shall not be liable to you if any monies due from you to us have not been paid in full.
10.2.3 Without prejudice to any of the provisions of this clause 10.2, we shall have no liability to you for any:
10.2.3.1 Consequential losses;
10.2.3.2 Loss of profits and/or damage to goodwill;
10.2.3.3 Economic and/or other similar losses;
10.2.3.4 Special damages and indirect losses;
10.2.3.5 Business interruption, loss of business, contracts and/or opportunity; and/or
10.2.3.6. Inconvenience, delay or loss of production.
10.2.4 Without limitation to any of the foregoing, our aggregate liability to you (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Goods purchased from us.
10.2.5 Without limitation or prejudice to any of the foregoing, you shall indemnify and hold us, our partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising from any breach of the Contract by you, or the infringement by you, or anybody else using your account, of any intellectual property or other right of any person or entity.
1.36 Nothing in these Conditions shall exclude or limit in any way our liability:
10.3.1 For death or personal injury caused by our negligence;
10.3.2 Under section 2(3) of the Consumer Protection Act 1987;
10.3.3 For fraud or fraudulent misrepresentation; or
10.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Hire of Goods
1.37 This clause 11, together with the other terms and conditions incorporated in these Conditions, shall govern the hire of any goods listed on our site (save that in the event of any conflict, the terms and conditions contained in this clause 11 shall prevail).
1.38 In this clause 11, reference to Items shall refer to Items hired, as stated in the Dispatch Confirmation (the Items). We will confirm our acceptance of your order for the hire of the Items in the Dispatch Confirmation.
1.39 The price stated in the Dispatch Confirmation is for the stated hire period (which shall be either 7 or 30 days) and for the Items hired. We expressly reserve the right to charge for a further period of hire, for each period of 7 or 30 days, as applicable, in the event any Items are returned late.
1.40 If any Items are required by a certain date, please ensure you advise us of this when you place your order for the hire of the Items.
1.41 Delivery will be to the address stated in the Dispatch Confirmation. Please check these details carefully and immediately notify us in the event of any errors. You are liable for the replacement cost of the Items in the event that the Items have been sent and the address shown in the Dispatch Confirmation is incorrect. Please do not assume we have received notification of a change of address just because you have sent an email. Confirmation must be received from us that we have amended the address in the Dispatch Confirmation. In these circumstances, we will always send you an amended Dispatch Confirmation.
1.42 Unless stated otherwise in the Dispatch Confirmation, return postage costs and insurance are your responsibility.
1.43 We will request in the Dispatch Confirmation that you pay a deposit for the hire of the Items. We will state in the Dispatch Confirmation the date when the balance is due. If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you have received the Dispatch Confirmation. To cancel the Contract, you must inform us in writing. However, if your hire period has already commenced prior to the expiration of the period of 7 working days referred to in this clause 11.7, you will not be entitled to cancel the Contract; if you do cancel the Contract in these circumstances (or if you are contracting as a business customer and you cancel the Contract in any circumstances other than as expressly permitted under these Conditions) your deposit will be non-refundable and all our obligations under the Contract will cease.
1.44 We reserve the right, in our absolute discretion, to request proof of identity and proof of address in relation to the hire of any of our hire Items. If we are not satisfied with the information provided, we reserve the right to cancel the Contract and refund all monies you have paid to us.
1.45 On some of our higher value Items, we ask for a refundable security deposit. We will notify you of the date the security deposit is to be paid. In the event we do not receive payment for the security deposit by the due payment date, we shall regard the Contract as cancelled by you and any payments already made will be non-refundable.
1.46 In the event that any Item requested by you is unavailable, we will endeavour to notify you as soon as possible and promptly refund any monies already paid.
1.47 All Items will be sent to you in an undamaged condition and inspected by us prior to dispatch. Where appropriate, Items will be sent with an inventory checklist. Please carefully inspect all Items and notify us immediately upon receipt if you are not happy with the condition of the Items or if the Items received do not match the Items stated on the inventory. Failure to notify us of any issues will be taken as confirmation that you are happy with the condition of the Items hired and that you confirm the Items match that stated in the inventory checklist.
1.48 The Items hired must not be altered or tampered with in any way and must be cared for in accordance with our instructions, which will be provided to you in the Dispatch Confirmation. Any Items considered by us to be damaged will render you liable for the costs of repair or replacement (as applicable).
1.49 In the event that Items are returned late and we decide to charge you further hire charges, these will be deducted from your deposit and the balance returned to you, where applicable.
1.50 All Items shall remain our sole and exclusive property. You undertake not to sell, offer to sell, assign, charge, pledge, or otherwise deal with any Items supplied by us in any manner which is inconsistent with our sole and exclusive ownership of the Items, in any circumstances.
1.51 You assume complete responsibility for loss of or damage to the Items (other than fair wear and tear) arising from any circumstances, from the time the Items are delivered to you, up until they are received back by us. We strongly recommend that you take out appropriate insurance to cover you against these risks.
1.52 If you are posting the Items back to us, loss or damage of the Items remains your responsibility until we have confirmed in writing that we have received the Items back. For your own protection and peace of mind, we recommend that you send the Items via a tracked postal service with the Items fully insured for the replacement value. If you would like confirmation of the replacement value, please contact us.
1.53 If we have requested a security deposit from you, this does not represent the replacement value of the Items hired. In the event that Items are not returned (for whatever reason) or are damaged upon return, we will first deduct the replacement or repair costs from the security deposit.
1.54 If the replacement or repair costs are higher than the security deposit, we will invoice you for the difference and you agree to pay any such invoice within 7 days of receipt.
1.55 For Items that are not returned within 14 days from the end of the hire period and where we have received no contact from you, we are entitled to assume that you have no intention of returning the Items. In these circumstances, we reserve the right to notify the authorities as appropriate and invoice you for the full replacement cost of the Items.
1.56 The price payable for the Items will be confirmed in the Dispatch Confirmation and will not be subject to change unless (i) you make any amendments to your order or (ii) any information you provide to us turns out to be incorrect.
1.57 All payments must have cleared in our bank account by the due payment date, which will be stated in the Dispatch Confirmation.
1.58 Security deposits will be refunded within 7 days of the return of the Items, subject to any deduction in accordance with this clause 11.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you 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. This clause does not affect your statutory rights.
All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact Us section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
Transfer of rights and obligations
1.59 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
1.60 You shall not assign or delegate all or any of your rights or obligations under the Contract without our prior written consent, such consent not to be unreasonably withheld.
1.61 We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Contract to any person, firm or company without notice to you.
Events outside our control
1.62 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
1.63 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
1.64 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.
1.65 If we fail, at any time during the pendency of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
1.66 A waiver by us of any default shall not constitute a waiver of any subsequent default.
1.67 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
1.68 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
1.69 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
Our right to vary these Conditions
1.70 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
1.71 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation.
Law and Jurisdiction
The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.