Terms & Conditions.

INTRODUCTION

This Website is owned and operated by The Firefly Loft. Any contract you enter into through the Website will be with The Firefly Loft.

These conditions apply to any access to, and use of, this website. These conditions will apply to any contract for the sale of products to you. Please read the conditions before placing an order to ensure that you understand them. You will be asked to agree to these Conditions before placing an order. If you do not agree to these conditions you will not be able to place an order for products on our website.

Please note that we may amend these conditions from time to time. Every time you wish to place an order, please check the conditions to ensure you understand them as they apply at that time.

These conditions and any contract following an order for Products are in the English language only.

If You have any questions relating to these conditions, please get in touch with us.

 

DEFINITIONS

"Conditions" means these terms and conditions;

"Content" means all content available on the website. This includes text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation of any of these;

"Dispatch Note" means the document enclosed with your order that lists all of the products that we have sent to you;

"Eire" means the Republic of Ireland;

"Force Majeure" means any act of god, war, riot, civil disturbance, labour disturbance, terrorism, fire, storm or flood; act, restriction, regulation, by-law, prohibition or measure of any kind on the part of any governmental, parliamentary or local authority; import or export regulation or embargo; strike, industrial dispute, or lockout; explosion, power outage, breakdown or unavailability of plant, property, and/or machinery; or any other cause beyond our reasonable control;

“Goods” means any products which are the subject of a purchase contract under these conditions;

"Mainland UK" means England, Scotland and Wales mainland and does not include United Kingdom Offshore;

"Order Acceptance Policy" means the terms governing the acknowledgement and acceptance of your order;

"Personal Information" means the details provided by you;

"Purchaser" means an individual who enters into a contract to purchase goods or services from Us;

"Product" means a product displayed for sale on the website;

"Product Description" means that part of the website where certain information in respect of the individual product is provided;

"Recipient(s)" means the person or persons to whom the purchaser stipulates the goods should be shipped;

"Returns Note" means the document that you should complete and return with any products that you return to us;

"Trade Marks" means the trade marks, logos, and service marks displayed on the Website;

"United Kingdom" means England, Northern Ireland, Scotland and Wales mainland and does not include United Kingdom Offshore;

"United Kingdom Offshore" means areas including the Channel Islands, the Isle of Man, the Scottish Islands and the Isle of Wight;

"We/Us/Our/Ourselves" means The Firefly Loft;

"Website" means www.thefireflyloft.co.uk;

"You/Your/Yours/Yourself" means you, a user of the website.

 

USE OF WEBSITE

Access

You are provided with access to the website in accordance with these conditions and any orders placed by you shall be placed strictly in accordance with these conditions.

 

Registration

You warrant that the personal information that you provide when you register as a customer is true, accurate, current and complete in all respects and in particular you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

You agree to notify us immediately of any changes to your personal information by contacting us.

We will take all 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 on our part of negligence or failing to comply with data protection legislation, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide.

 

Our rights

We reserve the right to:

  • Modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or

  • Change the conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the Website.

Privacy

We respect your concerns about privacy. We therefore encourage you to refer to the Privacy Policy of the website on an ongoing basis to stay abreast of our most current Privacy Policy practices.

 

ORDERS

Order Acceptance

All orders are subject to acceptance in accordance with our order acceptance policy.

If you have provided us with a valid email address, then after you have ordered we will send you an order acknowledgement email detailing the products you have ordered. This does not mean that your order has been accepted. Our acceptance of your order will take place upon dispatch of the product(s) ordered. On dispatch of your order we will send you a dispatch confirmation email, at which point the contract between us and you will be formed.

We may be unable to supply you with a product and not accept an order because:

  • The product you ordered is unavailable;

  • We are unable to obtain authorisation for payment or there is a problem receiving your payment;

  • We have identified a pricing or product description error;

  • You fail to meet the eligibility to order criteria as set out in the conditions.

If there are any problems with your order, you will be contacted by our us as soon as possible.

We reserve the right to reject any offer to purchase by you at any time.

If you have already paid for the products we will refund you the full amount including any delivery costs charged as soon as possible.

All products shown on the website are subject to availability.

 

Order cancellation, amendment and returns

If you order from us you have the right to cancel your order at any point up to the end of 30 days after the day on which you receive the goods. We cannot accept cancellations after this period. To cancel, you just need to let us know that you have decided to do so by getting in touch with us.

If you are e-mailing us please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the e-mail.

Please note that orders are normally processed swiftly, so it is in both our interests if you can get in touch with us promptly, otherwise we may have already packaged your order and made arrangements for it to be sent to you. In these circumstances, we may not be able to prevent the delivery of your order.

Please see our Returns Policy for further details on cancellation and returns.

If you cancel your contract we will:

(a) where the goods have not yet been dispatched, seek to prevent dispatch if possible (in which event your purchasing card will not be charged); or

(b) refund you the price you paid for the goods. Please note we are permitted by law to reduce your refund 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;

(c) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(d) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the goods and we have not offered to collect them from you: 14 days after the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to Us, please see our delivery and returns page;

(ii) if You have not received the goods or you have received them and we have offered to collect them from you: 14 days after you inform us of your decision to cancel the contract.

If you have returned the goods to us because they are faulty or mis-described, we will either refund the price of the goods in full together with any applicable delivery charges or alternatively provide replacement goods, and in each case reimburse you any reasonable costs You incur in returning the faulty or mis-described item to us.

We will refund you on the credit card or debit card used by you to pay.

If goods have been delivered to you before you decide to cancel your contract:

(a) then you must return them to us without undue delay and in any event not later than 30 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 and how to arrange a return.

(b) unless the goods are faulty or not as described, you will be responsible for the cost of returning the goods to us.

Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the citizens advice website www.adviceguide.org.uk for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 

Prices and Payment

The prices of the products will be as quoted on the website at the time you submit your order. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system.

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 Page.

Our website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on the website may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the products to you at the incorrect (lower) price.

With regard to any contract for the purchase of products from the website, all prices and delivery charges are inclusive of VAT (where applicable) at the current rates, and are correct at the time of entering your order onto our system. The total cost of your order is the price of the products ordered plus delivery charges.

You confirm that the credit or debit card used for the purchase of the goods is yours. All credit and debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Please be aware that we do not have the facility to deduct VAT when charging for goods.

 

Refusal of transaction

With regard to any contract for the purchase of products from the website, we reserve the right to withdraw any products from the website at any time and/or remove or edit any materials or content on the website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will notify you if we do not accept your order. We will not be liable to you or any third party by reason of:

  • Our withdrawing any product from the website, whether or not that product has been ordered;

  • Removing or editing any materials or content on the website;

  • Refusing to process a transaction after processing has begun.

Eligibility to order

To be eligible to purchase products on this website and lawfully enter into and form a contract with us under English law, You must:

(a) When creating an order, provide your real name, phone number, email address, payment details and other requested information;

(b) Stipulate a delivery address in the United Kingdom or United Kingdom Offshore or the Republic of Ireland. Please note that PO Box numbers, BFPO addresses, mail forwarding addresses and temporary-residence addresses are not acceptable;

(c) Possess a valid credit or debit card issued by a bank acceptable to us;

By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including, but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your debit or credit card, to obtain an initial debit or credit card authorisation and to authorise individual purchase transactions.

 

Delivery

Delivery options vary by product and service. See our Delivery + Returns page for details.

 

Promotions and discounts

Promotions

Discounts are issued in the form of either '£ savings' or a 'percentage off' which are offered to customers via promotional emails, advertisements, on-site banners or third party communications.

There is no cash alternative and all applicable terms and conditions are non-negotiable. Unless otherwise stated, discounts are only applicable to full-price items (sale and clearance items are not included). We reserve the right to cancel or change any promotion/discount without notice, at any time.

Using promotional codes

If using a promotional code, the code provided should be entered in the 'Promotional Code' box at the checkout. Some promotions will be subject to a minimum spend threshold (please refer to the original source of the promotion). Wherever a minimum spend threshold applies, the minimum spend does not include shipping costs.

Returning an item purchased under a promotion

Items purchased using a promotional code are subject to our Returns Policy

 

DISCLAIMERS

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

  • any loss of goodwill or reputation; or

  • any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

 

GENERAL

You may not sell or resell any of the Products or services, or any samples thereof, that You receive from Us.

 

Intellectual property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

We respect the intellectual property rights of others. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us here to report the concern.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Links

You may link to our home page on the website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these terms and conditions and to take any action it deems appropriate.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission at any time.

The website may provide links to other websites for your information. If you use these links, you leave the website. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.

Viruses, hacking and other offences

You must not misuse our website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Severance

If any part of the terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival      

Each provision of the terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These terms and conditions govern our relationship with you. Any changes to these terms and conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do. You confirm that, in agreeing to accept the terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the terms and conditions.

Force majeure

Where we are prevented from or delayed in carrying out obligations under these terms and conditions due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then our performance of its obligations shall be postponed for the period of time that the circumstances continue.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.