TERMS AND CONDITIONS

1. Introduction

Lallawandavi.com ("site") is owned and operated by Maria Laura Wandavi trading as Lalla Wandavi. Our business address is Lalla Wandavi, Enterprise Centre, 6 David Lane, Basford, Nottingham, NG6 0JU, United Kingdom.

Please read these terms and conditions carefully before placing an order. By purchasing products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase products on this site.

2. Changes to terms

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions periodically for changes.

Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to your order, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

3. Website access

It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.

4. Use of website

4.1 This website may be used for your own private purposes and in accordance with these terms and conditions.

4.2 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

5. Website Uptime

5.1 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

5.2 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

6. Visitor provided material

6.1 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

6.2 When using this website you shall not post or send to or from this website any material:

1. for which you have not obtained all necessary consents;
2. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
3. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

6.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of clause 6.2.

7. Links to and from other websites

7.1 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed

1. you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
2. you do not misrepresent your relationship with this website; and
3. the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

7.3 By linking to this website in breach of clause 7.2 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

8. Disclaimer

8.1 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.

8.2 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.

9. Privacy policy and Acceptable use policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy.

10. Products

We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a 50% and higher tolerance. Due to the nature of hand-dying some of our yarns, some of the products are unique and vary greatly from those images.

11. Age restriction

You shall not purchase any Products from our Site if you are below the age of 18 years old.

12. Acceptance of order

12.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the Order issued to you by email (Dispatch Confirmation). We are not bound by the Order unless we accept it in writing.

12.2 If there is any conflict between these Terms and any term of the Order, the Order will take priority.

12.3 At the time of acceptance of an Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.

12.4 If you have already paid for the Products and we are unable to supply you with a Product because the Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will notify you and will refund you the full amount (including any delivery costs charged) as soon as possible.

13. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

14. Representations

14.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

14.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

14.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

15. Right to cancel

15.1 Your legal right to cancel a Contract starts from the date on which you receive the Dispatch Confirmation. Your right to cancel the Contract depends on what you have ordered and how it is delivered, as set out in clause 15.2 below.

15.2 You have a legal right as a consumer to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below:

15.3 If during the relevant period you intend to cancel the Contract with us, you can notify us of your decision and receive a refund. You can obtain advice on your legal right to cancel the Contract from your local Citizens' Advice Bureau or Trading Standards office.

15.4 However, you cannot cancel Contract in below cases:

1. if the Products are not in perfect saleable condition and/or without original packaging and tags.
2. if the Products have been made to order.

16. Return and Refund

16.1 Cancelling your order:

1. To cancel a Contract in accordance with clause 15 above, you should email us at hello@lallawandavi.com. Please include details of your order. On receipt of your cancellation request we will email you confirmation of receipt.
2. Your cancellation is effective from the date you send us the email.
3. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by emailing us at hello@lallawandavi.com.
4. We will contact you or give you notice by email you provided us with your order.

16.2 If you cancel your Contract we will:

1. refund you the price you paid for the Products provided they are returned in perfect saleable condition, unworn, with all packaging and tags intact. See our Returns page for more information.
2. refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. 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.
3. make any refunds due to you 14 days after the day on which we receive the items back from you or if you have not received the items - 14 days after you notify us that you intend to cancel your order.

16.3 If you have returned the Products because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

16.4 Refunds will be made to you on the credit card or debit card used by you to pay.

16.5 If a Product has been delivered to you prior to your decision to cancel your Contract:

1. then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns page for our returns address;
2. you will be responsible for the cost of returning the Products to us except where the Product is faulty or not as described. If the Product cannot be returned by post, then the costs of delivering it by carrier should not exceed the sums we charged you for delivery.

16.6 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 16 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office.

17. Delivery

17.1 We will let you know the estimated delivery date which will be within 30 days after the date of the Dispatch Confirmation. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 22 below.

17.2 If no one is available at your address to take delivery, a note will be left to rearrange delivery.

17.3 Delivery of an Order shall be deemed to be completed when:

1. we deliver the Products to the address given by you;
2. we deliver the Products directly to you; or
3. a carrier organised by you to collect Products from us collects the Products from us and you will be responsible for the Products from that time.

17.4 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.

17.5 If we fail to deliver Products within 30 days, then you may cancel your Order straight away if any of the following applies to you:

1. we have refused to deliver the Products;
2. delivery within the delivery deadline was essential considering relevant circumstances; or
3. you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.

17.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 17.5, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.

17.7 You can cancel your Order under clause 17.5 or clause 17.6 for all of Products, unless splitting them up would significantly reduce their value.

18. International delivery

Unfortunately, we do not deliver to addresses outside the UK at the moment.

19. Price and delivery charges

19.1 Prices of the Products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

19.2 Delivery cost is not included in the price specified for a Product. It will be added to the due amount.

19.3 Despite our best efforts, there may be incorrect prices on some of the Products. If the Products' correct price is less than a price shown on our site, the lower amount will be charged. If the Products' correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.

20. Payment

Payment for Products can be made in advance by credit or debit card. You can also use our "Pay After Delivery" option which allows you to pay for the ordered items once you have received them at a later date by card or bank transfer. We accept payment with Visa, Visa Electron, MasterCard, Maestro and American Express.

21. Limitation of liability

21.1 We are responsible for loss or damage you suffer that is consequence of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not a consequence of our negligence or our breach of the Terms. 

21.2 Products supplied by us are for non-commercial purposes only. You shall not use the Products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.

21.3 Exceptions to Limitation of Liability. Our liability does not exclude or limit in any way:

1. fraud or fraudulent misrepresentation;
2. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
3. defective products under the Consumer Protection Act 1987;
4. breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
5. breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).

22. Circumstances beyond our control

22.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

22.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

22.3 If any Circumstances Beyond Our Control affect the performance of our obligations under these Terms:

1. you will be notified as soon as reasonably possible; and
2. the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.

22.4 If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 10. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 5 weeks in accordance with our cancellation rights in clause 16.

23. Notice

23.1 Any notice to us should be in writing and sent to us by email to Maria Laura Wandavi trading as Lalla Wandavi at hello@lallawandavi.com.

23.2 Any notice to you will be in writing by email to the email address you provided us with on the Order.

24. Miscellaneous

24.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you by email.

24.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

24.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.

24.4 Each paragraph of these Terms are separate and distinct from other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

24.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

24.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

25. Contact us

For any questions or queries you can contact by email us at hello@lallawandavi.com.