Terms & Conditions

Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and Lavish Alice, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:  

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Carrier”

means any third party responsible for transporting purchased Goods from our Premises to customers;

Content

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods”

means any products that Lavish Alice advertises and  / or makes available for sale through this Website;

Lavish Alice

means Lavish Alice Unit 33, Soapstone Way, Irlam Business Centre, Manchester, M44 6RA;

Service

means collectively any online facilities, tools, services or information that Lavish Alice makes available through the Website either now or in the future;

“Payment Information”

means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at Lavish Alice;

System

means any online communications infrastructure that Lavish Alice makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by Lavish Alice and acting in the course of their employment; and

“Website”

means the website that you are currently using (www.lavishalice.com) and any sub-domains of this site (e.g. subdomain.www.lavishalice.com/sale) unless expressly excluded by their own terms and conditions.

 

  1. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

  1. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business. If you are a business customer, please contact matthew@lavishalice.com.

  1. International Customers

If Goods are being ordered from outside Lavish Alice’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Lavish Alice is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Lavish Alice cannot guarantee that the packaging of your Goods will be free of signs of tampering.

  1. Intellectual Property

5.1           Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Lavish Alice, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2           Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Lavish Alice.

  1.  Third Party Intellectual Property

6.1           Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

  1. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  1. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Lavish Alice or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.lavishalice.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Lavish Alice. To find out more please contact us by email at matthew@lavishalice.comor contact enquiries@lavishalice.com.

  1. Use of Communications Facilities

10.1        When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

10.1.1   You must not use obscene or vulgar language;

10.1.2   You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3   You must not submit Content that is intended to promote or incite violence;

10.1.4   It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

10.1.5   The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6   You must not impersonate other people, particularly employees and representatives of Lavish Alice or our affiliates; and

10.1.7   You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

10.2        You acknowledge that Lavish Alice reserves the right to monitor any and all communications made to us or using our System.

10.3        You acknowledge that Lavish Alice may retain copies of any and all communications made to us or using our System.

10.4        You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

  1. Accounts

11.1        In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

11.1.1   all information you submit is accurate and truthful;

11.1.2   you have permission to submit Payment Information where permission may be required; and

11.1.3   you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

11.2        It is recommended that you do not share your Account details, particularly your username and password.  Lavish Alice accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.3        If you have reason to believe that your Account details have been obtained by another without consent, you should contact Lavish Alice immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Lavish Alice accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

11.4        When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.

  1. Termination and Cancellation of your Lavish Alice Account

12.1        Either Lavish Alice or you may terminate your Account. If Lavish Alice terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2        If Lavish Alice terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

12.3        Lavish Alice reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

12.4        If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

12.5        If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

  1. Goods, Pricing and Availability

13.1        By placing an order with Lavish Alice, you automatically accept our Terms & Conditions.

13.2        Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.

13.3        Lavish Alice does not represent or warrant that such Goods will be available. Stock indications are provided on the Website and are subject to availability.

13.4        All pricing information on the Website is correct at the time of going online. Lavish Alice reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated every working day.

13.5        In the event that prices are changed during the period between an order being placed for Goods and Lavish Alice processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

13.6        All prices on the Website do include VAT. Lavish Alice’s VAT number is 161036935.

13.7        Lavish Alice takes reasonable steps to ensure all details, descriptions and prices of products are correct at the time the information was entered onto the system. Sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information on the site (e.g. the price, description or availability of a product you have ordered). In this instance we may have to cancel your order at any time, even if you have received an order confirmation email or shipping update email, and you will receive a full refund of any charges already paid.

  1. Delivery

14.1        Lavish Alice will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

14.2        If Lavish Alice receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems. If goods haven't been received within 14 working days, please notify use as soon as possible.

14.3        By placing an order with Lavish Alice, you accept all of our Terms & Conditions on deliveries. If we do not meet the allocated timeframe for delivery, you are entitled to a full postage refund. If you have used a free delivery service, no refund is applicable. Lavish Alice is not liable for any failed or late deliveries using our free delivery services. On occasion, our free delivery service can experience delays on dispatch. If we know your goods are going to be 'dispatched' late, we will endeavour to contact you to let you know. Unfortunately we are unable to monitor every delivery once the goods have been dispatched - this will be left to the customer to track and manage. Any delays on our free delivery services will need to be dealt with by the carrier used. All contact information will be provided on request.

  1. Returns Policy

We operate a 14 day returns policy (including bank holidays and weekends). You must notify us within 14 days and then have a further 14 days to return the goods back to us. The returns period starts from the day delivery was made to your nominated delivery address. If you return something outside of the returns period, you will be offered a gift card, which has no expiry date.

The returns process for a discounted "final sale” item differs to our normal returns process for 'full price' items. You may immediately exchange these items for a different size, colour or product to the same value, otherwise you will be automatically issued with a credit note. You are entitled to a full refund on "final sale" items, however, there are a few extra steps you must follow to enable that to happen.

Under the Consumer Contracts Regulations, you have the right to a full refund on all "final sale" items as long as the terms of withdrawal are met in full and without exception. You can download the withdrawal form here and your statutory rights are not affected. You must print, complete and attach the form to your return slip before sending the item/s back to us. For operational reasons, we cannot accept the withdrawal form if the return has already been initiated through our portal. You may also inform us of your withdrawal by email (care@lavishalice.com), however the withdrawal request must be made before the return is submitted on the returns portal.

All returns need to be unworn and as new (with any security ribbons and labels intact). If you’re not sure right away try and keep your items in the protective bags that they arrive in. Please contact us if you are unsure if your return is eligible.

All returns must go through our dedicated returns portal. You can find the portal here - www.lavishalice.com/returns

  • Step 1: Login with your order number (starting with the #) and email address used to purchase.
  • Step 2: Select the item(s) you wish to return or exchange.
  • Step 3: Select and pay for your chosen return method.
  • Step 4: Download your return label, attach it to your original parcel and return using the carrier you selected. Please make sure the returns slip is inserted into your parcel. Without this your refund could take much longer.

ASDA and Royal Mail returns are subject to a £4.00 returns/admin fee which will be deducted from your refund. This is to help contribute to the cost of processing your return and making the process of getting your money back to you as quick as possible.

Lavish Alice is not responsible for any loss or damage or for any returns made outside of our returns portal. If you are returning outside the portal please contact Customer Care team. Please keep hold of your postage tracking as these returns will not be tracked by Lavish Alice.

We'll keep in touch with you throughout the return process. You will receive an email once we’ve received the return back and another once the refund has been processed. Please note, if you select to return using Royal Mail, you will receive your returns documents via email which will include a link so that you can track the status of your return (you will not receive an email once we receive your return when using this service).

Refunds are issued within 15 working days from receipt and you will receive an email once your refund has been processed. If your refund is valid, you will be refunded to your original method of payment.

All returns are monitored to ensure that they are sent back to us unworn and in a re-saleable condition. If you send your order back in an unsuitable condition, we will not be able to issue a refund and the item will be returned back to you. 

ASDA

You can return your Lavish Alice order to over 600 ASDA stores across the UK.  Simply head to our returns portal to register your return and get a QR code and print a label in store (no home printer required).

Take your parcel and QR Code to the ASDA ToYou signposted returns point or hand to a colleague at your most convenient ASDA store.

Please keep hold of your receipt to track your parcel via our returns portal.

  1. Privacy

16.1        Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link below.

16.2        The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. By accepting these terms and conditions, you are giving consent to Lavish Alice to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

16.3        If you wish to opt-out of our placing cookies onto your computer or device, please contact enquiries@lavishalice.com. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.

  1. Disclaimers

17.1        Lavish Alice makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

17.2        No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3        No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4        Whilst Lavish Alice uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

  1. Changes to the Service and these Terms and Conditions

Lavish Alice reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If Lavish Alice is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Website

19.1        The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

19.2        Lavish Alice accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

  1. Limitation of Liability

20.1        To the maximum extent permitted by law, Lavish Alice accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

20.2        Nothing in these Terms and Conditions excludes or restricts Lavish Alice’s liability for death or personal injury resulting from any negligence or fraud on the part of Lavish Alice.

20.3        Nothing in these Terms and Conditions  excludes or restricts Lavish Alice’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

20.4        Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Lavish Alice.

  1. Communications

24.1        All notices / communications shall be given to us either by post to our Premises (see address above) or by email to Lavish Alice.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.2        Lavish Alice may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click the unsubscribe link on any of the emails received, or contact enquiries@lavishalice.com to be manually removed.

  1. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Lavish Alice shall be governed by and construed in accordance with the Law of England and Wales and Lavish Alice and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

  1. Pre-Orders

All pre-ordered products are on a first serve, first come basis. We aim to provide information as accurately as possible, however unforeseen circumstances make this information subject to change. We reserve the right to cancel and refund any orders made on a pre-order basis. Ordering a pre-order product does not guarantee the product, but only places a hold on the size ordered if stock allows. Any orders not fulfilled are refunded in full. 

  1. Customer Credit

Please note, if you have received a gift card, this does not have an expiry date and can be used for anything on www.lavishalice.com.

  1. Student Discount

Lavish Alice offer 20% discount to customers who are registered student with Student Beans. You must be a student and agree to these terms and conditions to be eligible for the student discount. The % discount is subject to change. You will need to register with Student Beans in order to receive the student discount.  Code cannot be used in conjunction with any other offer or promotional discount. The code is valid on purchases made on our website www.lavishalice.com and is not valid on Sale items. Discount is activated when applied at the checkout page code under the discount code section. We have the right to refuse the Student Discount to any person that does not comply with these terms and condition or if found to have registered using fraudulent or incorrect information. We reserve the right to amend or cancel the Student Discount at any time.

  1. Promotional Codes

Lavish Alice may offer customer discount or promotional offers from time to time. Using the discount or promotional code means you are agreeing to our terms and conditions. The % or £ discount is subject to change depending on the promotion. Promotional codes used cannot be applied in conjunction with any other offer or discount. The code is valid on purchases made on our website www.lavishalice.com and is not valid on Sale items (unless stated otherwise). The discount or offer is activated when applied at the checkout page by placing the code in the discount code box. Codes are case sensitive. You may only redeem one code at a time so please use the promotion that best suits your purchase, We have the right to refuse the use of promotional codes to any person that does not comply with these terms and condition or if found to have registered using fraudulent or incorrect information. We reserve the right to amend or cancel the discount codes at any time.

  1. 15% Off (Email Sign Up)

The 15% off Lavish Alice promotion is advertised on Lavish Alice email registration. The email containing the code will be sent to the nominated email address, once you have signed up to receive our emails via our website. This offer allows you to use the individual code shown in the registration email to redeem a 15% discount on all full price (non-sale) items on the Lavish Alice official website www.lavishalice.com. The offer is available to new customers only. Purchase necessary. To redeem the discount, you will need to select the items that you wish to purchase on the Website and then proceed to checkout where you will need to enter the code. The code must be used by 23:59pm (GMT) before the expiry date stated in the email. Please note this code may be updated from time to time. You can only use the code once. You cannot use the code and apply the discount in conjunction with any other offer, discount or promotion e.g. student discount. The code cannot be used against sale items and/or against delivery charges. You cannot use the code for any other purpose, other than as set out in these terms and conditions. You cannot transfer or exchange the discount for any purpose, amount, gift, items, money, vouchers or other form of compensation. The Code can only be used once. By using the code you agree to these terms and conditions. If you do not agree to these terms and conditions, please do not use the code. After the expiry date stated in the email, the discount will no longer be available. We reserve the right to refuse the Discount to any person that does not satisfy these conditions of use. We reserve the right to cancel or amend the Promotion at any stage where we deem it necessary and/or there are circumstances outside our reasonable control which affects or could affect the proper operation of this Promotion e.g. software or network malfunction preventing the use and application of the Code, and only where circumstances make this unavoidable 

  1. Competitions & Offers

Social Competitions – The closing date and time for any social competitions will be stated in the social post relevant to the competitions. Any entries added after the time stated will not be counted. All prizes are subject to availability, and Lavish Alice reserves the right to replace the prize with an alternative product of equal or higher value if necessary at the promoters' discretion. No cash alternative to the prizes will be offered. No purchase necessary. Prize draws and competitions are only open to participants aged 18 years or over. The winner will be selected at random after the closing date from all entries received. The decision is final and no correspondence will be entered into. The winner will be notified by social handle, email or telephone (using the details provided at entry) within 3 weeks of the closing date. Following such notification, the winner will be required to send the Promoter full details of their postal address to which the Prize will be delivered (if applicable). If the Promoter cannot: (i) contact the winner (via the details provided at the date of entry) within a reasonable period of time (to be established at the Promoter's sole discretion); or (ii) the winner does not return details of its postal address to the Promoter within 7 days of notification that they have won the Prize, the Promoter reserves the right to re-draw a winner of the Promotion and thereafter until a winner on these terms is found. Please allow 28 days for delivery of the Prize. The Promoter accepts no responsibility for the Prize being lost, damaged or delayed in the post. By entering any Lavish Alice social competitions, you agree to having your name, details and photo published online. The winner agrees to the use of his/her name and image in any publicity material post competition should you be the winner. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. Entry into the competition will be deemed as acceptance of these terms and conditions. Unless otherwise stated, the promoter is Lavish Alice, 33, Irlam Business Centre, Soapstone Way, Irlam, Manchester M44 6RA.

If you have any questions regarding the use of promotional codes, please email care@lavishalice.com

Klarna Payments

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna Pay later.

Further information and the Klarna user terms can be found here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.