Loopie Limited. Website terms and conditions of supply of goods.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that in placing an order you agree to be bound by these Terms. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 29 February 2017.
These Terms, and any Contract between us, are only in the English language.
1 INFORMATION ABOUT US
1.1 We operate the website www.loopieroute.com. We are Loopie Limited, a company registered in England and Wales under company number 10045974 and with our registered office at 9 Newland Avenue, Harrogate HG2 8LP.
1.2 Contacting us:
(a) You may contact us by e-mailing us at email@example.com
(b) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2 OUR PRODUCTS
2.1 The example images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Our Products are bespoke and whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our site. We always try to represent each design as accurately as possible in our Products.
2.3 We have a policy of continuous Product development so that we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price and packaging without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.
2.4 The packaging of the Products may vary from that shown on images on our site.
3 USE OF OUR SITE
Your use of our site is governed by our terms of website use and Website Acceptable Use Policy, which are set out in the schedule to these Terms. Please take the time to read these, as they include important terms which apply to you.
4 YOUR PERSONAL INFORMATION
4.2 You warrant to us that you are the owner of any personal information and any data that you send to us whether this is for inclusion in our Products or not and you indemnify us for any third party claims arising out of our use of personal information and data supplied to us by you in fulfilment of your order for our Products. You warrant to us that you have the right to use the data that you access through www.strava.com for the purpose of producing a Loopie Product.
4.3 We accept no liability where you do not have permission to use any data that you access through www.strava.com for the purpose of producing a Loopie Product. It is your responsibility to understand the terms and conditions of use and access to any information accesses on www.strava.com before using our site.
5 IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old. You warrant that you are legally permitted to use the Services in the jurisdiction that you are located in. If use of the Services is not permitted in the jurisdiction that you are located in then your contract to purchase Products from us is void.
6 IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract 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 any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our site and the Services will guide you through the steps you need to take to place an order for a Product with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Orders may only be made by you on our site.
7.2 We will confirm our acceptance to you by sending you an e-mail that confirms the Products for which your order has been accepted, upon which the Contract between us for the sale and purchase of the listed Product or Products is formed.
7.3 If we are unable to supply you with a Product we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8 OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
9 RIGHT OF RETURN AND REFUND
9.1 Once you have placed an order on our site, we are entitled to accept your order in the form that it has been submitted to us and you have no right to edit or cancel your order. If you have made a mistake in your order or want to change any aspect of your order then please contact us as soon as possible. We are not bound to make any modifications to your order, but we will do our best to assist, whilst being under no obligation to do so.
9.2 Our Products are bespoke and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to them which means that even if you are a consumer you do not have the right to cancel your order if you change your mind or decide for any other reason that you do not want to receive or keep a Product.
9.3 If you notify us by email at the address in clause 1 of these Terms within 28 days of our despatching your order that a Product has been received damaged with a print error, we will ask you to return the Product to us not later than 14 days after the day on which you notify us. We will contact you within 7 days of receipt of the returned Product. If your complaint is agreed by us we will replace the erroneous Product with a new Product or else issue a refund. Refunds will be processed within 5 working days. We will refund you on the credit card or debit card used by you to pay for the Product. If you used vouchers to pay for the Product we may refund you in vouchers.
10.1 We deliver to most places in the world. You are responsible for delivery prices. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Standard delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
10.2 We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Standard delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of Product as simple as possible.
10.3 It is your responsibility to provide correct postal address (including post code or zip code), email address and telephone details when making your order as all of these are required in connection with delivering the Products to you. We accept no liability for failure to deliver Products to you where there are errors in the details that you provide us with. If your address details change after you have made an order please contact us at the email address in clause 1 of these Terms and will try to assist you, whilst accepting no liability.
10.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.5 You own the Products once we have received payment in full, including all applicable delivery charges.
10.6 Currently we ship unframed Products to most countries in the world. The countries we ship framed Products to are:
United Kingdom. Republic of Ireland., USA, Australia, France, Germany, Italy, Spain, Netherlands, Switzerland, Poland, Austria, Belgium, Denmark, Luxemburg
11 PRICE OF PRODUCTS, TAXES AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on our site at the time you submit your order.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 Unless otherwise stated all prices and charges are in UK pounds sterling.
11.4 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.5 You are responsible for paying any customs duties and for any sales taxes or other charges made within your jurisdiction in connection with delivery of Products to you.
11.6 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
11.7 You can only pay for Products using a debit card or credit card or a voucher. By placing an order on our site you confirm that you are the cardholder of the card used to make payment, or that you have their express permission to use the card to make the purchase.
11.8 Payment for the Products and all applicable delivery charges is in advance.
12 PRICE OF PRODUCTS, TAXES AND DELIVERY CHARGES
This clause 12 only applies if you are a business customer.
12.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
12.2 Subject to clause 12.1 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12.3 Subject to clause 12.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
12.4 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.
13 OUR LIABILITY IF YOU ARE A CONSUMER
This clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14 EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15.1 You will indemnify us and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of Contract and/or these Terms or your violation of any law in connection with a Contract or these Terms.
17 OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Website acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our website www.loopieroute.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.