Terms and Conditions
Please read carefully the following terms and conditions of use for the Lottieandmoll.com and lottieandmoll.co.uk website (“Site”) and the ordering and sale of products (“Products”) to you (“Terms and Conditions”). Please save or print a copy of these Terms and Conditions for future reference.
1. About us
The Site and Products are provided by Monty Smith Limited. “We/us” refers to Monty Smith Limited and/or Lottie&Moll® as the context requires. The registered address for Monty Smith Limited is 2 Little Promenade, Ormond Place, Cheltenham, Gloucestershire, GL50 1JD. Monty Smith Limited is a company registered in England and Wales under company number 4770560. Its VAT number is 448325538. Monty Smith is responsible for the sale of Products to you and delivery within the UK.
3. Use of the Site
You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purposes.
By submitting any material to us (“Material”) you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. You will indemnify us if any third party takes action against us in relation to the Material.
We reserve the right to charge you to access certain information on the Site. We will inform you where a charge will be incurred by you for accessing certain services or information.
You must not cause any nuisance, annoyance, or inconvenience to us, our customers or our users of the Site.
You must not submit any Material which is defamatory, offensive, menacing or obscene to the Site or which in our judgement may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal.
We may remove such Material from the Site at any time without notice to, or consent by, you.
We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms and Conditions.
You take responsibility for access to your computer or mobile device and you will maintain your account and password confidentiality confidential and to the extent permissible by law, you accept responsibility for the activities that occur under your account and password.
4. Dealings with Third Parties
The Site may provide, or third parties may provide, links to other websites or resources and promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge
that we are not responsible for the availability of such external sites or third party resources, do not endorse and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources. Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we deemed to be acting as an agent for you in any such dealings.
5. Intellectual Property Rights
The Site and its content are protected by intellectual property rights, including copyright and trademarks. Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC or mobile device does not support relevant technology, including encryption, you may not be able to use certain services or access certain information on the Site. The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for any information of services obtained by you on the World Wide Web.
The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use responsible care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date. We will have no responsibility for any variations in colour or appearance caused by your browser software or computer system. Product specifications and descriptions are not intending to be binding and are intended to only give a general description of the products.
So far, as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limiting to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of any reasonable care or skill. We will not be liable for any delay or failure to perform or comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause, which is beyond our reasonable control.
7. Limitation of Liability
So far as permitted by law, and accepting respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information contained on it). We are not responsible for any delay or failure to comply with our obligations under these Terms and Conditions. This does not affect your legal right to have Products sent within a reasonable time or to receive a refund if Products cannot be supplied within a reasonable time.
8. General Information
These Terms and Conditions together with any further terms for the purchase of Products and documentation and materials referenced in these Terms and Conditions constitute the entire agreement between you and us.
Any failure by us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and the relationship between you and us shall be governed by the laws of England and the English courts shall have the exclusive jurisdiction over any dispute.
We reserve the right to vary these Terms and Conditions and any of our policies from time to time, such variations coming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.
You will be subject to these Terms and Conditions as in force at the time that you ordered Products from us, unless any change to these Terms and Conditions is required by law, in which case it may apply to orders previously placed by you.
You agree that your order is an offer to purchase the Products from Monty Smith Limited t/a Lottie&Moll® and any associated delivery services as listed in your order. All orders are subject to acceptance by us. We may choose not to accept your order without any liability to you.
After submitting an order, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of :-
A) A contract of sale for the Products between Monty Smith Limited t/a Lottie&Moll® and you; and
B) As applicable a contract for any delivery services in respect of residence in the UK.
Will not take place until Monty Smith t/a Lottie&Moll® receives payment in full.
The price of the Products and our delivery charges will be as quoted on the Site from time to time. Product prices and delivery services prices include any applicable VAT or sales tax payable. We may vary the prices at any time and without any notice.
Delivery charges are itemised on the order acknowledgement issued by Monty Smith t/a Lottie&Moll®.
It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. Where a products correct price is less than our stated price we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, cancel the order and notify you of such cancellation.
Any Products purchased prior to any mark downs or discount offered will not be refunded the difference. You may return the higher priced item in its original condition, to us for either a refund or an exchange. However, if returned for an exchange, this is subject to availability.
More information about the payment methods that we accept are set out on the Site. You confirm that the credit/ debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate.
You further confirm that the credit/ debit card is valid and the inputted payment details are correct. All credit/debit card holders and any payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason of the refusal.
12. Order Cancellation Right – Cooling-off Period
You have the legal right to cancel your entire order within 14 days following the date in which you, or a third party other than the carrier and indicated by you, takes physical possession of the goods.
If you wish to exercise your right to cancel, you must inform us of your decision to cancel the contract in writing e.g by a letter sent by post to Returns Department, Monty Smith t/a Lottie&Moll®, Ormond Place, Cheltenham, Gloucestershire, GL50 1JD, or an email to firstname.lastname@example.org.
The goods should be returned to us without undue delay and in any event not later than 14 days from the day in which you exercise your right to cancel. Please see our returns policy below for further details.
If you exercise your right to cancel and return the goods to us within 14 days from the date from which you exercise your right to cancel we will reimburse you the cost of the goods without undue delay and in any event, no later than 14 days after we receive the goods.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
You may return your purchased item(s) for an exchange or refund within 14 days of receiving it by sending the item(s) back to us to the address listed on the returns label. Full details of the free returns procedure are printed on this label. We will only refund the item(s) value(s) and not the carriage cost. You may return through any Post Office, at your own risk and expense to Returns Department, Monty Smith t/a Lottie&Moll®, Ormond Place, Cheltenham, Gloucestershire, GL50 1JD
If you wish to exchange your item(s) please return your item(s) and place and new order.
Please take care not to damage, or mark any delicate goods when examining them. All items should be wrapped carefully in their original protective packaging where possible, to prevent damage during returns shipping. Monty Smith t/a Lottie&Moll® does not accept responsibility for any damage with occurs during return shipping.
All items must be returned unused and in a fully resalable condition, with swing tags attached where possible. Monty Smith t/a Lottie&Moll® reserves the right to deduct amounts from refunds, up to the full value, of refuse a return where unwanted items show signs of unreasonable handling or use and are deemed not to be resalable.
Returns shall be processed within 7-10 days, although this may vary during busy periods, including sale periods. You will receive a confirmation email once your return has been processed. We will endeavour to process your refund as quickly as possible, however, please allow up to 14 days after returning your items for refunds to return to your account. Refunds are always credited to the original method of payment. Per order basis we supply one free returns label. In order to be covered by this label, please return all unwanted item(s) from your order under the same one label which will be in your delivery package.
When ordering, you will be offered our delivery service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incomplete or incorrect. Please note that we do not deliver to PO boxes.
When an order is place prior to 2pm you will receive your order the next working day. We do not offer weekend delivery. Orders placed after 2pm will be processed on the next working day for delivery the following working day after that.
International deliveries will be quoted on a case by case basis.