Terms & Conditions
Lamler’s ("we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on our Site. Please read the TOS carefully before placing any orders on www.lamler.com. We recommend you should keep a copy of the TOS for future reference. Lamler is a trading name of Lamler Limited, a company registered in England and Wales under registration number 09433884. Our registered address is Lamler Ltd, Lynton House, 7-12 Tavistock Square, London, WC1H 9BQ. Our VAT number is GB 208093226. If you have any comments about Lamler, you can email us at [email protected]. In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about Lamler's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however. We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
ORDERS
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Lamler offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may offer pre-orders on certain product items. This allows you to get your product as soon as it becomes available. Consequently you may from time to time be given the possibility of making an advance payment for certain items in which case you are able to make an advance purchase. This will ensure that you receive this item in priority. Lamler will only take advance purchase orders for stock that has been scheduled for delivery by our manufacturer. Your rights regarding advance purchase are the same as those for any other purchase at Lamler. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock. Items received into stock may be pre-allocated to satisfy advance payment orders and customers making advance payments will receive items in priority to customers on the waiting list or customers ordering through the site for immediate delivery. Please be aware that we may be unable to deliver selected advance payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the advance payment to your credit/debit card within 14 days of being advised that merchandise has become unavailable. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Lamler will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Lamler. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun. Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals and others who meet the Lamler terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Lamler, whose applications are acceptable to Lamler and who have authorised lamler to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Lamler reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where Lamler feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions. Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.Please refer to our Privacy Policy for further information about how we use your data.
Payment
Payment can be made by Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Lamler. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Lamler, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Lamler user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple, and secure, Lamler uses 3D Secure technology through Stripe. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
PRICING POLICY
Prices shown on the Site are in GBP and are inclusive of VAT. All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted. Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are not included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in Sterling, Stripe will convert the amount due, based on the current exchange rate at that time. Please check the purchase price in GBP to to your local currency before purchasing.
REGISTRATION
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address [email protected]. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify Lamler immediately of any breach of security or unauthorised use of your account. Please refer to our Privacy Policy for information about how we use your data.
COLOURS
We have made every effort to display as accurately as possible the colours of our products that appear on Lamler. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate. We always make a special effort to show each product in various natural and un natural lights to help you see what the colours are like in the reality.
FAULTY GOODS
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. If your item is faulty when you receive it, you can return it for a refund. Simply request a return through by emailing or phoning our customer services and send the faulty goods back to us within 14 days of receiving your order. If the same product is no longer available, you are entitled to a full refund. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Lamler Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Lamler. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
CONTENT
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Lamler tries to ensure that the information on this site is accurate and complete. Lamler does not promise that Lamler's Content is accurate or error-free. Lamler does not promise that the functional aspects of the Site or Lamler's Content will be error free or that this Site, Lamler Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY
We may include hyperlinks on this Site to other websites or resources operated by parties other than Lamler, including advertisers. Lamler has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
YOUR RIGHTS
You have certain rights under the law. In England these include:
That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
Certain remedies if a product is defective; and
A right to cancel any order for a product within 14 days after the date of receipt of the product, and receive a full refund even if it is not defective (see Cancelling your order above).
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).
If Lamler fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and Lamler knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
COMPENSATION
At our request, you agree to compensate us fully, defend us, and hold us Lamler harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Lamler as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Lamler, and we shall not be liable for any representation, act, or omission on your part.
NO WAIVER
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
GOVERNING LAW
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.
