General Terms and Conditions of TMC (Portsmouth) Ltd. trading as Loveheart Bears and loveheartbears.com hereinafter referred to as The Company.
Please read the following points carefully as use of our website and purchase of products by you mean that you agree to them.
1. Terms and Conditions: These are the terms and conditions of our agreement which apply to all purchases of products by you from The Company via this web site or our mail order literature. These terms will be updated from time to time so please check them before making a new purchase.
2. Placing an Order: You can submit an order to The Company by completing the details required on the payment page and clicking the Submit button or by using the printable order form. All prices are displayed (and charged) in UK Sterling £s (GBP) and include VAT (Value Added Tax) and delivery (if going to a UK address) via Royal Mail First Class Recorded Delivery Post. Any orders placed from outside the UK will be converted from British Pounds to the local currency by the relevant credit card company. The credit card company will convert in accordance with the latest currency rates and when they decide to implement the conversion is beyond our control.
Orders placed for delivery outside of the United Kingdom will be subject to an automatic price reduction of approximately 15% of the total amount normally payable. This is in respect of VAT which is not chargeable on export orders. Please note however, that your goods may attract an import tax. This is out of our control and will vary according to the final destination of the delivery.
After placing your order on-line, you will receive an e-mail to confirm that we have received your order. The email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/debit card payment is approved by your credit card/debit card company.
3. Acceptance of order: Placing an order via our web site, by post or by fax is notification of your acceptance of these terms and conditions. In the rare circumstance that a product price has increased between the time of the order and our acceptance of it (or, again rarely, if a delivery charge needed to be applied or amended), we will email you to advise of the change. Your card will never be charged with an amount additional to your original order without your prior written consent.
4. Despatch and Delivery: We aim to despatch all products being delivered to UK addresses by standard (free) delivery or to overseas addresses within 5 working days following receipt of the order. This is occasionally extended due to peak order periods or where items ordered are temporarily unavailable and/or no suitable alternative is available. If your order is unduly delayed for any reason we will contact you by email.
UK Delivery times are in line with Royal Mail schedules and guidelines, but will generally be within 2-3 working days. Overseas delivery times will be dependant on the ultimate destination and the local service. All deliveries must be signed for and you are responsible for the products once they have been delivered. You will be the owner of the products once we have received payment in full for the goods. If an attempted delivery fails (such as the wrong address was specified on the order form) then we will notify you and offer to re-deliver the goods, subject to a shipping charge. If you then wish to cancel the order, we will refund the full amount minus the shipping charge (charged at cost). If goods have been personalised, we reserve the right to charge £10.00 to cover materials and production costs associated with each order. If we do not hear from you within 28 days we will cancel the order and refund your payment, minus the shipping charge and personalisation charge (where applicable).
We will make every effort to despatch your order within a reasonable time but we will not be liable for any loss caused to you by late delivery. If the goods are not delivered within 21 days of you placing your order please contact us by telephone or email. We will try and ensure that you receive your order, as quickly as possible, or if you wish you may cancel your order and we will refund you any money which you have paid.
5. Payment: If you choose to pay by credit or debit card, it will be authorised at the time you place the order - this allows you to instantly know whether your order has been successful, and removes the need for us (or anyone) to see your card details, thereby reducing potential fraud even further. Secpay Ltd provide a secure link for your transaction details. As we are not responsible for the operation of this secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via this link. If products are not available for any reason after we have accepted your order, we will let you know. We will refund any amounts already paid by way of a credit to your credit card/ debit card account.
6. Warranties: The products which are sold via this web site have been designed to comply with the health and safety laws of the United Kingdom. We can therefore make no representation or warranty that any product is compliant with health, safety or other legal requirements which apply outside the United Kingdom. We will not have any further liability in respect of the products.
7. Returns Policy: We believe that you will be delighted with your order but if for ay reason you are not, please return it in its original condition to: Loveheart Bears, Trademark House Meredith Road Portsmouth PO2 9NL, United Kingdom, within 30 days of the date on which it was received, stating your reasons for returning it. You will be responsible for the item or items until they reach us. For your own protection, we suggest you use a secure delivery method which requires a signature upon delivery.
If you return an item to us, which is faulty, which you did not order, or for any other reason which is our fault, we will pay you the cost of the return postage. If this is the case, please contact us first and we will let you know how you should send the item to us. We cannot offer a refund for goods received later than expected. Any disagreement on faulty goods will be referred to an independent body for evaluation.
8. Emails: All emails to you will be forwarded to the address you specify to us. You must also ensure that if this address changes between submitting your order and delivery of the products, you advise us of the new address. We will not be responsible for failure to perform under this agreement where such failure is attributable to a change of address.
9. Complaints: The Company takes great pride in providing a very high level of customer service, but occasionally things do go wrong which are beyond our control. If you have any complaints or comments about our web site or any of the products or services supplied or provided to you, please contact us on: firstname.lastname@example.org, or by phone on: 023 9269 7431 or by post at: Loveheart Bears, Trademark House Meredith Road Portsmouth PO2 9NL. We will always try to quickly resolve any problems that you may have experienced.
We do not sell, trade or rent your personal information to other companies. However, in the future we may wish to share the information we collect about you with trustworthy third parties whose products and services we think may be of interest to you. If you do not want us to do this please e-mail us at email@example.com at any time.
We may use technology to help us track the patterns of behaviour of visitors to our site. This can include the use of "Cookies" which are small pieces of information that are stored on your computer's hard drive by your browser. These allow us to store information about your order and provide features to make your shopping on our website easier. Whilst most browsers allow the cookie function to be turned off (check the help menu on your browser), our site works on "sessions" which requires that a cookie be utilised for the on-line order process.
12. Links to other websites and services: Our website may contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
13. Use of this Website: We will not be responsible for any losses resulting from your use or the inability to use our website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
We will not be responsible for your loss of profits, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
We make no promise that our website will be uninterrupted or entirely error free. Because of the nature of the Internet, the shopping online service is provided on an "as is" and "as available" basis. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
14. General: No responsibility or liability is accepted by or on behalf of The Company for any errors, omissions or statements whether misleading or otherwise on these pages. We take care to portray items accurately within our website, but slight variations in goods may occur.
No reference to any organisation, company, individual or entity whether on these pages or other sites to which these pages are linked shall imply any condition warranty or approval in respect of any such organisations, companies, individuals or entities on the part of The Company. We may change or withdraw any part of our website, or may refuse you access to the website at any time if we consider it necessary.
We will not be liable to you for any breach of our agreement, for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control. If we choose not to enforce a right under our agreement, that decision will not prevent us from enforcing other rights, or the same right on a later occasion. All implied terms and conditions are hereby expressly excluded to the extent permissible by any law.
Our agreement will be governed by English law and any disputes will be resolved by English Courts. These terms and conditions do not affect your statutory rights.