Terms and conditions of sale

CONSUMER TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE

Format of the Contract
These terms of sale apply to all goods supplied by The Luvvit Company.  The website is governed by the following terms and conditions; they do not affect your statutory rights.

Your statutory rights are detailed here: Sale of Goods Act 1979, Online and distance selling, Export goods from the UK, Online and distance selling (Scotland)

Any order placed by you, for goods advertised on our website, is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.

The contract is subject to our right of cancellation.
We have the right to terminate the contract if the price of the contract is not received from you in cleared funds. We also reserve the right to cancel if we believe the goods are being requested for a country where export is forbidden, for example trade sanctions, and other trade restrictions.

Description and price of the goods
Our prices are subject to change. All goods are subject to availability. We have taken care to describe and show items as accurately as possible. Despite this, due to the hand-made nature of the goods, variations in items will occur.

Images
Product images, especially with batch “drops”, are for illustrative purposes only and may differ from the actual product. Where items are individually listed, colours and finishes in the images may differ slightly from the actual product.

Your right of cancellation
You have the right to cancel your contract with us at any time up to 10 days after you receive the goods, in line with The Distance Selling Regulations. To cancel your contract in this time frame you must notify us in writing, either by post or by using our contact form. Should you wish to cancel your contract after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost unless the goods are faulty or mis-described.  You will be credited for the goods within 30 days of notifying us of the cancellation.

Refund policy
If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process.

Returns & Warranty

Pedals are covered for 12 months on a return to base for repair warranty; the warranty covers defective parts i.e. loose wires and defective footswitches. The warranty will not cover any cosmetic damage incurred through normal use, nor will it cover accidental damage caused by misusing, use of incorrect power supply, dropping, liquid damage or otherwise abusing/misusing the pedals.

For equipment containing thermionic valves / tubes – these devices are warrantied for 3 months, or 5000 hours of use, from date of receipt (whichever occurs first). After this amount of time or use, if this device is found to be at fault, then the return may be considered to be a repair.

Faulty Product In Warranty
If you receive goods that are faulty or incomplete on arrival you must notify us within 2 days of receipt of the item. The good should be returned to us in line with our returns policy.

If the goods are less than 7 days old you have the option of a refund or direct replacement.

If the good are over 7 days old we will test the product for the fault. If the fault is verified we will:
– Try to repair the item
– If we are unable to repair we will replace with the same item
– If we are unable to replace we will issue a refund in line with our refund policy.

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

Please request a return prior to returning, via email.

Wrong Item Delivered
If, by mistake we supply you with the incorrect item you must notify us within 2 days. The goods should be returned to us in line with our returns instructions, please click here.

Once we have received the goods back we will confirm that it is in fact an incorrect item and either:
– Replace with the correct item
– Refund in line with our refund policy

If the goods you have returned are not found faulty by out trained technicians the goods will be returned to you at your cost.

Item not Required
If you wish to return an unwanted product in line with the Online Distance and Selling regulation, you must notify us, in writing via our contact page, within 7 days of receiving the product.

The goods should be returned to us complete, with no missing parts or visible damage. You will be responsible for returning the goods to us at your own cost; you will be credited for the goods within 30 days of notifying us of the cancellation.

Extra Items Delivered
If, by mistake we supply you with extra items you must notify us immediately. Goods should be returned to us in line with the returns instructions, please click here for returns instructions.

If you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you will be charged for the goods.

Return Address
The return address is: Brelliott (Returns), The Luvvit Company, Old Post Office, Corse, Huntly, Aberdeenshire, AB54 6ES, UK of Great Britain

Limitation of Liability
We will not be liable to you for any loss or damage in circumstances where:
– There is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
– Such loss or damage is not a reasonably foreseeable result of any such breach;
– Any increase in loss or damage resulting from breach by you of any term of this contract.

There are statutory stipulations on what cannot be excluded or limited. These include death or personal injury caused by a party’s negligence, fraud or fraudulent misrepresentation.

Data Protection
We will take all reasonable precautions to keep the details of your order and payment secure but unless we are negligent, we will not be liable for unauthorised access to information supplied by you. Our Privacy Policy, especially with regards to WordPress hosting, is available here: Privacy Policy. The WooCommerce shop software is contained as a plug-in within WordPress, and their Privacy Statement can be found here: Privacy and the WooCommerce Marketplace

Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to Scottish law and the Scottish courts will have jurisdiction in respect of any dispute arising from the contract.
Protecting Your Security Through Fraud/Verification Checks

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. From time to time, we receive possible fraud alerts regarding payments we are processing on the site. This can often be due to an error in submitting an address, or postcode, a customer moving house but not updating information with the bank, etc. Depending on the circumstances, and for your security, we may place your order on hold temporarily whilst we carry out a simple verification of your details.