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diamond Terms and Conditions

terms and conditions 20858764

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These Terms and Conditions shall apply to all contracts entered into by Bloomin Luvly ("Bloomin Luvly ", "we" or "us"). By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.

1. General
When we receive your order you will receive an automated e-mail reply acknowledging receipt. No contract shall come into existence until we have accepted your order. Your order will be accepted by us by way of a confirmatory e-mail ("Confirmation of Order") which will confirm that we are able to send you the goods you have ordered, the price and the estimated delivery date. Confirmation of Order shall contain all of the information regarding the goods you have ordered. You must immediately check the details contained in the Confirmation of Order and we advise you to print and keep a copy of it. You are able to correct errors in your order up to the point at which you click ["submit"] on your order. Your statutory rights shall remain unaffected by these Terms and Conditions, and except in accordance with these Terms and Conditions all purchases are non exchangeable, non refundable and non-transferable.

Every care has been taken by us in the preparation of the content of our website, in particular to ensure that prices quoted are accurate at the time of posting the product on the website and that all products are fairly described. However, your order may not be accepted if there are material errors in the description of the goods you have ordered or their prices. All prices and offers are subject to change.

We have aimed to ensure that the colours of our products appearing on our website are as near as possible to the colour of the product. However, the actual colours you see will depend on your computer equipment, and accordingly, we are unable to guarantee the precise colour of the product on delivery.

All products are subject to availability. We will inform you as soon as reasonably possible in the event that the goods you have ordered are unavailable. In the event that the goods that you have ordered are unavailable a full refund will be offered.

All prices are displayed on the website in UK sterling. Unless otherwise indicated these are inclusive of VAT.

2. Delivery
We will aim to dispatch the goods ordered by you as soon as possible after your order has been accepted by us to the postal address you have given in your order. However, we cannot guarantee an exact delivery date and your goods may take longer to be dispatched if the goods you have ordered are not in stock at the time of placing your order or your order is to be dispatched to an address outside of the United Kingdom.

Postal charges payable for goods dispatched in the UK will be notified to you in the confirmatory email. Deliveries outside of the UK may be subject to import taxes and additional charges for which you are solely responsible. Please note that we have no control over these charges and cannot predict their amount. Title of the goods shall pass to you at the time payment for the goods is received by us in full. Risk in any product ordered will pass to you upon dispatch of your order.

3. Returns Policy (except bespoke goods)
If you cancel before the delivery of any goods your money will be refunded and the goods will NOT be delivered. Cancelled orders must be emailed to us with in 24 hours of you placing your order.

We will offer a refund or exchange on an unused, undamaged item within 7 days of it being received by you. Refunds will be made to the credit or debit card used to purchase the item(s) in accordance with these terms and conditions. Postage you paid for delivery is non refundable.

If you return an item to us because it is faulty, we will include with your refund the postage that you were charged when purchasing the item, the postage you paid when returning the item to us will not be included in your refund (this does not affect your statutory rights). You must obtain a "proof of postage" certificate which you should retain until you have received your refund. Repairs will be accepted and undertaken free of charge for all faulty bags up to 3 months old from date of purchase. If your bag needs repairing due to wear and tear, or is more than 3 months old then you will be liable for the repair cost. We will of course provide a quotation for approval before proceeding with any repair work. Bloomin Luvly is dedicated to offering the highest levels of quality and service. Before returning any product, you must email Bloomin Luvly indicating the reason why the goods are being returned. All returned goods must be accompanied by a delivery note (this comes with the delivery of your goods), with completed details on the reverse.

All items being returned in accordance with this clause must be safely and securely packaged to avoid damage in transit. We shall not accept an item for refund if it has been damaged in transit or otherwise.
We strongly recommend when returning items to us you use recorded or special delivery as we are unable to refund items which are lost in the post. All goods shall remain your responsibility until we receive them.

4. Links to Other Websites
This Website may link to other websites. These third party websites are outside of our control and are not covered by this Privacy Policy. If you access other websites using the links provided, the operators of these websites may collect your personal information. Please ensure that you are satisfied with the Privacy Policies of these third party websites before you submit any personal information. We cannot be held responsible legally or otherwise for the activities, privacy policies or levels of privacy compliance of these third parties. We encourage you to read that websites privacy policy before providing any personal information.

5. Liability
Except for death or personal injury due to our negligence or that of our employees, we shall not in any circumstances be liable, whether in contract or tort, to you for any direct, indirect or consequential loss or damage arising from the sale or use of our goods including without limitation loss of profits, damage to property or loss of contracts. In all cases our entire liability, howsoever arising, shall be limited to damages which shall not exceed the price paid for the goods in respect of which the claim has arisen. We do not accept any responsibility for any amendments or changes we may make to the information contained in our website, and we reserve the right to alter these Terms and Conditions or the information contained in this website at any time. Any changes made to these Terms and Conditions shall be highlighted, and all purchases made from the date of the amendments shall be subject to the replacement Terms and Conditions. Should you continue to use the website once we have highlighted the changes, you shall be deemed to have accepted all of the amendments we have made. You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so. We shall not be liable to any person for any loss or damage whatsoever which may arise from the use of any of the information contained in any of the materials on this website.


6. Copyright
All of the rights, including copyright and database rights, contained in this website are owned by us and you must not copy or dispatch any of the information contained in it. You further agree that you shall only use the website for legitimate, lawful purposes, and any other use shall only be permitted with our written consent. In the event of us accepting instructions to produce goods to a specification not forming part of our own range of specifications, then you warrant to us that all copyright, patent, design and other intellectual property rights in such goods are your property or that you are licensed to use them. You shall fully indemnify us and keep us indemnified from and against all claim, demands, damages and expenses incurred by us arising out of any infringement or alleged infringement of such rights in respect of the goods produced to such specifications as foresaid. In the event that you fail to take delivery of whole or part of any order produced to such specification as aforesaid then we shall be entitled to sell such goods on our own behalf, and you will nevertheless fully indemnify us as aforesaid.

7. Bespoke Goods
Bespoke goods are any goods specifically personalised and / or tailored to your specifications. Orders for bespoke goods cannot be cancelled or changed [once work has started on them].

Bespoke goods which are delivered as described and are in good condition may not be refunded. We reserve the right to charge for re-posting of bespoke goods returned in error. We are not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammar errors; poor image quality derived from low resolution images, order quantity, or other ordering errors. To prevent these errors from happening, please review your order carefully before submitting. Faulty goods will be rectified free of charge. Any problems with any part of a bespoke order must be reported to us within 2 days of receipt. Please e-mail "Bloomin Luvly" direct who will contact you in regards to the fault and how to return the goods.

8. Disclaimer
Our website and all contents of it relating to "Bloomin Luvly" are provided on an "AS IS" basis without any representation or endorsement made and without warranty of any kind whether express or implied in respect of this website and / or the information contained in it, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Products (including any third party products) provided to you by means of this website shall have limited warranties which can be provided to you upon request to us.

9. Privacy Policy
All personal information you supply to us will be treated in accordance with Data Protection Act. The nature of this site means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data on this Site. By registering to use the Site you agree to this Use.

When ordering goods you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of our products and otherwise for the normal use and improvement of our Site.

We may also use the Data in response to surveys and to aggregate user profiles To enable us to monitor and improve our Site, it gathers certain aggregated information about you when you use it, including details of your operating system, browser version, domain name and IP address, the URL you come from and got to and the parts of the Site you visit.

We use cookies only to store information such as your User ID and your session identifiers and password to enable us to identify whether you are registered on to the Site and, if so, to shortcut your access to the site and any Products. We will only read cookies from your cookie file placed there through your web browsers interaction with the Site.

We endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose online. You accept the inherent security implications of being and transacting online over the Internet and will not hold us responsible for any breach of security unless we have been negligent or in willful default. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

10. Miscellaneous
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

11. Payment
Payment can be made by Debit Card, Visa, MasterCard. Payment will be debited and cleared from your account upon completion of the order process on the Website. You can also use PayPal, removing the need to enter your credit card details. When you select the PayPal option at checkout, you will be directed to the PayPal site to "Log In" to your PayPal account and review the total amount to pay before clicking "Pay Now".

You confirm that the credit / debit card that is being used is yours or that you have been specifically authorised by the owner of the credit / debit card to use it. All credit / debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

We have the right to cancel your purchase without prior notification. Examples of occasions we may choose to cancel your purchase are: your card details have been flagged by our fraud screening processes.

Furthermore, we take 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 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 the website.

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