Terms and conditions
Totelly LondonBaby C/O:Luvva Design Media Ltd England and Wales No. 13030264
Registered Office 93, Tabernacle Street, London, England, EC2A 4BA
1. INTRODUCTION
Welcome to Luvva Design Media Ltd, home of Totelly LondonBaby art, apparel and trademark online terms and conditions. Please read them carefully as they apply whenever an order for produce is placed by you as either a vendor or customer.
Nothing in these terms and conditions affects your statutory rights.
2. CONTACTING US
If you would like to contact us please email us on info@totellylondonbaby.com.
3. USE OF WEBSITE
We aim to ensure the information we place on the website is not misleading. However, we make no warranty or representation, whether express or implied, in relation to the accuracy of such information or any transaction on the website including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty:-
the website will meet your requirements or will be uninterrupted, timely or error-free; or
that defects on the website will be corrected; or
the site, or the server that make it available, are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
We reserve the right to change, withdraw or deny access to the website at any time and to remove any posting or information uploaded onto the website.
4. COMPLIANCE WITH LAWS
By using this website, you agree to do so only for lawful reasons. You agree not to impersonate anyone and to comply with all applicable laws and regulations regarding transactions entered into on the website.
5. Orders
The steps required by you to enter into a contract with us are that you place your order for products by clicking on the pay now button at the end of the checkout process once your product information, payment details and personal information have been submitted. You will be guided through the ordering process by our website and its instructions. Please take time to ensure that your order details are correct.
Once you have submitted an order, we will send you an acknowledgement email detailing the products you have ordered. This email acts simply as an acknowledgment that your order has been submitted and will be processed by us, not that the order is confirmed or accepted.
Please be aware that we are mostly a print to order service and all orders are subject to stock availability. Descriptions of each item will normally tell you if an item is out of stock. More often than not particular products are produced once a certain amount of unit have been ordered, therefore you must allow us 4 weeks from date of order. All product pages state the current lead times.
A further email will be sent to you when your ordered products have been dispatched. The contract between you and us is formed at the point of order where payment is taken and you agree to our Terms & Conditions.
Non-acceptance of an order may arise from a number of reasons including (but not limited to):-
Not being able to take payment from you;
A pricing or product description error on our behalf;
You not meeting any eligibility criteria;
Unavailability of stock where we have specifically said an item is in stock;
If we reasonably consider you not to be a registered UK vendor and that you intend to re-sell wholesale products listed on a commercial basis.
We reserve the right to verify all vendor contact details linked to your business
Please note we will not file a copy of the contract between us.
6. SALE
Please note the warranty covers all products unless discounted where the fault is clear and forms part or all of the discount applied.
7. PRICING AND PAYMENT
The prices of the products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the information was entered onto the system.
During a sale period no other offers or promotion codes may be used. Pricing cannot be retrospectively honoured on past orders. Applicable on items purchased within sale period.
We will normally check prices as part of our dispatch procedures. If the bags/products are incorrectly priced, then where the product’s correct price is less than the price stated on our site, we will charge the lower amount. However, please note that if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we do not have to provide the products to you at the incorrect (lower) price.
Where the product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error. We will give you the option of continuing to purchase the product at the correct price or cancelling the order. We will not process the order until we have your instructions. If we are unable to contact you within 14 calendar days using the personal information you provided to us, we will treat the order as cancelled and notify you in writing.
The price of the products does not include delivery charges. Our delivery charges are as quoted on our site from time to time. Click here to check the delivery charges.
You can only pay for your products by using a debit card, credit card or paypal. The cards we accept are shown at the time of ordering.
8. CHANGING OR CANCELLING AN ORDER
Please contact the office directly as soon as possible after placing the order if any changes need to be made and a member of the team will be able to inform you if it is too late in which case you will need to complete a returns form upon receiving your bag/product.
9. DELIVERY
We will aim to deliver your order by the estimated delivery date set out on the website, unless there is an Event Outside Our Control. If we’re unable to meet the estimated delivery date, then we will inform you of a revised estimated delivery date. Delivery will be completed when we attempt to deliver the bags/products to you or a person identified by you to the address you gave to us or other address or location which is agreed between you and our courier. The products will be your responsibility from the completion of delivery being attempted.
You will own the products when we have received payment in full for the bags/products, including any delivery charges.
10. FAULTY products
Your Rights under The Consumer Rights Act 2015.
Your statutory rights are not affected.
We aim to ensure our products are of the highest quality standard. However, if you consider a product is faulty or not as described, please inform us accordingly. Where the product is faulty or not as described, you have the statutory right within thirty (30) days of delivery to reject the product and receive a refund or you can elect for the product to be repaired or replaced.
We always endeavour to provide our reproofing and other services to the highest standards. However, if you consider our services have not been provided with reasonable skill and care, again please inform us accordingly. Where they have not met this standard, you have the statutory right for the services to be re-performed within a reasonable time where this is possible. We will aim to agree such time period with you.
11. EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any failure to perform the contract or delay in its performance which result from any act or event beyond our reasonable control such as (but not limited to) natural disasters, floods, earthquakes, epidemic, IT failures or attacks, strikes, late deliveries by couriers or other delivery organisations, civil commotion, terrorist attacks or threats of such terrorist attacks, impossibility or delays resulting from using railways, shipping, aircraft, motor transport or other means of transport (‘Event Outside Our Control’).
If an Event Outside Our Control takes place and affects the performance of our obligations under the contract between you and us, then we will contact you as soon as we are able, our obligations will be suspended and the time for performance of our obligations will be extended for the duration of such event. Where the event delays your delivery, we will arrange a new delivery date with you when the delaying event has passed.
12. Our Rights to make Changes
We may need to make certain changes from time to time. These might be changes in how we take payments from you or changes arising from legal or regulatory requirements. Each time you place an order, the contract will be formed on the terms and conditions currently in place on the website at the time of order. We reserve the right to make changes to these terms and conditions from time to time. It is your responsibility to read the applicable terms and conditions each time you wish to place an order.
We may also need to make product changes to the products from time to time. You will be informed of any product changes at the time you place the order.
13. Product Descriptions
The images of our products are for illustrative purposes only. We make every effort to ensure the images and colours are accurate but we cannot guarantee the images and colours on your computer are exactly the same as the product. The products may vary slightly from those images. We comply with our statutory obligation to ensure that the goods we supply conform to the contract we enter into with you.
14. Recommendations
When you use our website, you may see we offer you recommendations, showing products we think you might like. These may be based on your past purchases, top sellers, ratings and recently-reviewed products. We consider your interests and recommend bags/products we think you might like.
15. Intellectual Property
You acknowledge and agree that all the intellectual property on the website including (but not limited to) logos, trade marks, images of products, art and apparel are owned by Luvva Design Media Ltd, home of Totelly LondonBaby products, art, apparel and trademark or our licensors. You agree not to (and ensure no other person shall) copy, reproduce, edit, transmit, publish, display, create derivative works or use in any manner such intellectual property.
16. Liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms or your use of the website.
Except to the extent required by applicable law, we shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on this website.
Nothing in these terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
17. Wholesale for registered UK vendors only
We only supply wholesale products to registered UK vendors (unless otherwise agreed prior to bag/product purchase).
We reverse the right not fulfil wholesale orders for commercial, business or re-sale purposes, and we believe to be disingenuous, and therein have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption or loss of business opportunity.
18. VAT
The price of a product includes VAT (where applicable) added at the checkout, at the current rate chargeable in the United Kingdom. However, if the rate of VAT changes between the date of your order and the date of delivery, we may adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
19. Severance
Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20. Third Party Rights
The contract is between you and us. No other person shall have any rights to enforce any of its terms and the contract cannot be assigned or sub-contracted to anyone else.
21. Waiver
No waiver by us shall be construed as a waiver of any other breach.
22. Entire Agreement
These terms govern our relationship with you. Any changes to these terms must be in writing and signed by both parties as we can then avoid any problems arising about what we and you are expected to do. You confirm that, in agreeing to accept these terms, you have not relied on any statement save those which are a term of this contract and you agree that you shall have no remedy in respect of any such statement. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
23. Data Protection and privacy
We will use your personal information in accordance with our Privacy Policy and always in accordance with the Data Protection Act 1998.
You may be contacted by email in relation to future offers and for marketing purposes. You will have an opportunity to unsubscribe from these emails.
24. Cookies
We may use cookies in order to improve your experience on our website. Website cookies are important pieces of information we use to tailor our website exactly to your needs. Cookies are harmless, tiny text files that are stored on your computer when you visit a website. They enable us to remember who you are when you visit us again.
How do they affect me?
Cookies don’t store any sensitive or personal information such as your name or address – we use the coded information gathered from them to help us perform tasks. These tasks include showing you bags/products in your region, allowing you to watch a video or allowing you to connect with social media sites. By using our website, you agree that we can keep cookies in place and help us to remember a little about your viewing preferences, while keeping your personal details protected.
25. Third Party Sites
Please note that we are not responsible for any third party sites and you access these sites (whether through our links or otherwise) at your own risk.
26. Law
Please note these terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
Privacy Policy
Luvva Design Media Ltd England and Wales No. 13030264
Registered Office 93, Tabernacle Street, London, England, EC2A 4BA
This privacy policy sets out how Luvva Design Media Ltd will process your personal data. We will keep your personal data secure and be transparent with you as to how your personal data is processed, which is our commitment to you.
This policy applies in respect of the personal data you provide to us online, via social media, by email, by telephone, post or in person at our retail stores or which may otherwise be provided to us. If you are under 16, please ask your parent or legal guardian to make a purchase on your behalf and provide their personal information.
It tells you who we are, how we collect and process your personal data and the reasons for which we may use your personal data.
Please read this privacy policy carefully. If you do not agree as to how we will process your personal data, then we ask you not to provide your personal data to us.
1. Personal Data we may collect
We may collect and process the following personal data, which includes but is not limited to:-
Name, postal address, email address and contact telephone number
Payment card information (debit or credit cards)
Any other relevant personal data given by you when communicating with us
Forthcoming customer account options; we may collect information about the bags/products you browse or add to your Wishlist
Details of the bags/products purchased and other information relating to your purchases
Your gender, birthday and age
IP Address, Device ID data and Log-file data
If you do not provide the requested personal data, we will not be able to supply your ordered goods or perform your requested services.
2. REASONS FOR COLLECTING AND PROCESSING DATA
Luvva Design Media Ltd may collect and use your personal data for the following reasons:-
Contractual Obligations: We will collect and process your personal data in order to perform the contract. This may include for example supplying your ordered goods or providing our repair or reproof service to your item.
Consent: We may use your information when we have your consent, for instance to send promotional emails. You are able to update your preferences or unsubscribe from promotional emails at any time.
Legitimate Interests: We may collect and use your personal data to pursue our legitimate interests in running a business and marketing our bags/products which do not impact on your rights or interests. For example, we may use your shopping history to tailor emails to bags/products we think you might like and to analyse, profile and monitor your shopping patterns to better understand your interests and preferences.
Legal Compliance: If the law requires us to do so, we may have to collect and process your data such as to prevent fraud or other commercial activities.
3. HOW WE MAY USE YOUR PERSONAL DATA
We will use your personal data in order to:-
process your order
provide after-sales customer service and respond to your queries
contact you by telephone, email or by letter to supply requested goods or to perform requested services.
Send you promotional emails and newsletters (where you give your consent)
complete marketing analysis and demographic studies using non-personal information to make an improved and more personalised service for you
4. Promotional Communications
We will send you promotional communications when you choose to receive them from us. You can manage your preferences by logging into your account and updating your contact preferences which will give you the option of receiving communications by email, text (SMS), picture messaging or by telephone.
You may also update your category preferences, such as which of our collections interest you, by logging into your customer account or by following the link in our emails. This information will be used for tailoring promotional messages to suit your preferences. Providing us with these preferences is entirely voluntary.
We may occasionally ask you for feedback about our website and the services we provide to help develop and improve them further.
If you wish to unsubscribe and no longer receive these emails, then you may either:-
unsubscribe using the link at the bottom of the email we send you;
log onto your customer account and unsubscribe;
contact Totelly LondonBaby by email at info@totellylondonbaby.com
We will never transfer your personal data to third parties to send promotional emails without your consent.
5. Processing your Personal Data
We know that data security is important and matters to everyone and we will wherever possible minimise and review the extent of processing of your personal data only when it is required.
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.
We will retain your personal data securely for three years from the date of your last order, unless you ask for your personal data or account to be deleted before then. If your online customer account has been inactive for three years, we will contact you to ask if you wish for your online account to remain open. If you do not reply by confirming you wish for your account to remain open, we will close it and delete your personal data. You may close your account and request that we delete your personal data at any time.
We may retain a record of any request from you to unsubscribe to our marketing material for the purpose of ensuring we can continue to respect your wishes and not contact you further.
Your personal data will be stored in our secure IT environment. Our external providers will process payment card data by encryption.
6. Transfers Outside EEA
We aim to retain all of your personal data within the European Economic Area (EEA) although there may be occasions where it is necessary to transfer your personal data outside the EEA. When required to do so, we will ensure this is performed in accordance with legal requirements. By submitting your personal data to us, you agree that we may send your personal data outside the EEA if required. If you wish for more information about these safeguards, then please make contact with us using the contact details below.
Please note that until your personal data reaches us (for example by email or post), we cannot guarantee the security of your personal data and such transmission is at your own risk. Any personal data submitted online via www.totellylondonbaby.com and/or www.luvvadesignmedia.com will be direct to us and secure.
7. People with whom we may share your personal data
We may share your personal data with our service providers who perform services for Luvva Design Media Ltd. We may share certain limited information with our service providers to assist in analysing our customer data. We can then better understand, profile and monitor customer patterns to consistently improve our bags/products and services and understand what may be of interest to you and other customers. Our service providers will only be allowed to use your information in the way in which we instruct them and as permitted by applicable laws.
In order to process your order, we will pass on certain personal data such as your email address and telephone number so our courier can deliver your goods and offer you more suitable delivery options. If the courier is unable to make a successful delivery, the courier may take an image of your front door so that we can show you an attempted delivery was made. This image is used only to record the fact that delivery was attempted.
Your payment card details will be stored by our external payment providers in a secure, encrypted environment.
We may disclose your personal data in order to comply with any legal obligation or to prevent fraud.
We will never provide your personal data to third parties who do not perform necessary services on our behalf.
8. Children’s Privacy
You must be at least 16 years’ old to use our website. If you are under 16, please ask your parent or legal guardian to make a purchase on your behalf using their personal information. You may only access and use our website with permission from your parent or legal guardian. We do not knowingly collect personal information from children under the age of 16. If we become aware that we have inadvertently received personal information from a child under the age of 16, we will delete such information from our records.
9. Your Rights
Under certain circumstances, you have the right by law to:-
request access to your personal data that we hold;
request correction of the personal data we hold about you if it is incorrect, out of date or incomplete;
request erasure of your personal data;
object to processing of your personal data;
request the restriction of processing of your personal data;
request that transfer of your personal data;
request we discontinue any consent-based processing of your personal data after you withdraw that consent.
You can contact us at any time using the details below to exercise any of these rights.
Please note that we will retain some of your personal data until we have delivered your ordered goods or performed your requested services, unless you inform us you wish to cancel your order.
10. Checking Your Identity
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.
11. Access to your Personal Data
If you wish to access your personal data that we process, we ask you set out your request in writing so it is clear what you are asking us to do.
Please either email us at info@totellylondonbaby.com
12. Contacting the Regulator
You are entitled to lodge a complaint at the Information Commissioner’s Office if you are unsatisfied with how your data has been processed.
You can contact them on 0303 123 1113 or go online to www.ico.org.uk/concerns.
If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.