Terms of service

OUR TERMS

1.1. THESE TERMS

  • 1.2 What these terms cover. These are the terms and conditions on which we supply products to you.

  • 1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

  • 1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

    • You are an individual.

    • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession)

1.5 INFORMATION ABOUT US AND HOW TO CONTACT US

  • 1.6 Who we are. We are Lovingly Care Box Limited a company registered in Ireland. Our company registration number is 671709 and our registered office is at 1 Stewart Villas, Carlingford Parade, Dublin 2. Our registered VAT number is IE3690063IH.

  • 1.7 How to contact us. You can contact us by writing to us at julie@lovinglybox.com or kris@lovinglybox.com 

  • 1.8 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

  • 1.9 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2. OUR CONTRACT WITH YOU

  • 2.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

  • 2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

  • 2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

  • 2.4 Orders outside the European Union may be subject to import duties and taxes. Please note your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. We have no control over these charges and we cannot predict their amount. You or the recipient will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable or responsible if you break any such law.

3. OUR PRODUCTS

  • 3.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 

  • 3.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

  • 3.3 While every reasonable effort is made to ensure that the product provided conforms with your order, in the event that some of the goods to be included in the product are not available from our local suppliers, or if those goods are not available within the period of time for delivery, we reserve the right to substitute those goods with similar goods of equal or greater value and quality at no extra charge to you, or to provide you with a refund of the price of the goods which are not available.

4. PROVIDING THE PRODUCTS

  • 4.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

  • 4.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. Time is not of the essence in the delivery of the product and failure by us to deliver the product on an estimated delivery date shall not entitle you to reject the goods. This does not affect your legal rights. We use a third party delivery partner for deliveries and by placing an order with us you agree for your details to be shared with the third party delivery partner to enable it to deliver the goods.  

We will contact you with an estimated delivery date, which will be within 3-5 weeks after the day on which we accept your order for bulk orders and corporate orders and within 1-10 working days after the day on which we accept your order for orders which are not bulk and/or corporate orders, subject to payment having been received in full in accordance with clause 11. Delivery of the product may be delayed in the event of any delay in receipt of payment by us.

  • 4.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (being a potential delay of 30 days or more beyond the estimated delivery date) you may contact us to end the contract and receive a refund for any products you have paid for but not received.

  • 4.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we, or our third party delivery partner, will leave you a note informing you of how to rearrange delivery, leave the products in a safe place, or collect the products from a local depot.

  • 4.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we, or our third party delivery partner, will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts or the reasonable efforts of our third party delivery partner, we, or our third party delivery partner, are unable to contact you or re-arrange delivery or collection we may end the contract and clause 7.2 will apply.

  • 4.6 When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us.

  • 4.7When you own goods. You own a product once we have received payment in full.

5. YOUR RIGHTS TO END THE CONTRACT

  • 5.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, when you decide to end the contract and whether you are a consumer or business customer:

    • 5.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 9 if you are a consumer and clause 10 if you are a business;

    • 5.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2;

    • 5.1.3 If you are a consumer and have just changed your mind about the product, see clause 5.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

    • 5.1.4 In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 5.6.

  • 5.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 5.2.1 to 5.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

    • 5.2.1we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

    • 5.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control, save where the delay is as a result of non-payment by you; or

    • 5.2.3 you have a legal right to end the contract because of something we have done wrong.

  • 5.3 Exercising your right to change your mind if you are a consumer (European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.  

  • 5.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

    1. 5.4.1 customised, bespoke or personalised goods;

    2. 5.4.2 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and

    3. 5.4.3 any products which become mixed inseparably with other items after their delivery.

  • 5.5 How long do consumers have to change their minds? You have 14 days after the day you (or someone you nominate) receive the goods.

  • 5.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 5.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

6. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)

  • 6.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

    1. 6.1.1 Email us at julie@lovinglybox.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

    2. 6.1.2 Online. Complete the online form on our website.

    3. 6.1.3 By post. Please write to us at Lovingly Care Box, 1 Stewart Villas, Carlingford Parade, Dublin 2, D02YV99 , including details of what you bought, when you ordered or received it and your name and address.

  • 6.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at Lovingly Care Box, 1 Stewart Villas, Carlingford Parade, Dublin 2, D02YV99. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

  • 6.3 When we will pay the costs of return. We will pay the costs of return:

    1. 6.3.1 if the products are faulty or misdescribed; or

    2. 6.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

  • 6.4 How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

  • 6.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:

    1. 6.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

    2. 6.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

    • 6.5.3 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 6.2.

7. OUR RIGHTS TO END THE CONTRACT

  • 7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

    1. 7.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or

    2. 7.1.2 you do not, within a reasonable time, allow us to deliver the products to you.

  • 7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 7.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

8. IF THERE IS A PROBLEM WITH THE PRODUCT

  • 8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at julie@lovinglybox or kris@lovinglybox or write us at Lovingly Care Box Limited, 1 Stewart Villas, Carlingford Parade, Dublin 2, D02 YV99, Ireland. 

9. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

  • 9.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

  • 9.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please email us at julie@lovinglybox.com for a return label.

10. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

  • 10.1 If you are a business customer we warrant that on delivery, the products shall:

    1. 10.1.1 conform with their description; and

    2. 10.1.2 be free from material defects in design, material and workmanship.

  • 10.2 Subject to clause 10.3, if:

    1. 10.2.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 10.1;

    2. 10.2.2 we are given a reasonable opportunity of examining such product; and

    3. 10.2.3 you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

  • 10.3 We will not be liable for a product's failure to comply with the warranty in clause 10.1 if:

    1. 10.3.1 you make any further use of such product after giving a notice in accordance with clause 10.2.1;

    2. 10.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

    3. 10.3.3 the defect arises as a result of us following any drawing, design or specification supplied by the customer;

    4. 10.3.4 you alter or repair the product without our written consent; or

    5. 10.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

  • 10.4 Except as provided in this clause 10, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 10.1.

  • 10.5 These terms shall apply to any repaired or replacement products supplied by us under clause 10.2.

11. PRICE AND PAYMENT

  • 11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order or, if applicable, as notified to you by us before you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

  • 11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

  • 11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

  • 11.4 When you must pay and how you must pay. We accept payment with Apple pay, credit and debit card, Paypal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. 

  • 11.5 If you are a business customer, you must make an advance payment of 30% of the price of the products at least three weeks in advance of the date the products are due to be dispatched to you (the “Shipment Date”). The balance of the price of the products must be paid prior to the Shipment Date. You acknowledge that we will incur costs and expenses in preparing the product for large orders from business customers which may not be recoverable and that, in the event that we cancel the contract due to non-payment in accordance with clause 7.1.1, we may retain the 30% paid by you to cover our costs and expenses as outlined above. 

  • 11.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

  • 11.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Allied Irish Banks, p.l.c. from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

  • 11.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

  • 12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

  • 12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Liability For Defective Products Act 1991.  

  • 12.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you are a business customer, our liability to you will be limited as set out in clause 13.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

  • 13.1 Nothing in these terms shall limit or exclude our liability for:

    1. 13.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

    2. 13.1.2 fraud or fraudulent misrepresentation;

    3. 13.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1893 (as amended); 

    4. 13.1.4 defective products under the Liability For Defective Products Act 1991; or

    5. 13.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

  • 13.2Except to the extent expressly stated in clause 10.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1893 are excluded.

  • 13.3 Subject to clause 13.1:

    • 13.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

    • 13.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.