Love Tiki & Conditions of Sale (‘this agreement’)

In this Agreement,
the “Customer” means any person who places an Order with Love Tiki (either as a private consumer or as a business);

the “Goods”
means any items sold or supplied by Love Tiki under an Order;

“Love Tiki”
means Love Tiki, a company incorporated in Scotland with company number SC237141 and a registered address at: Unit I-1 The Daks Building, Polbeth Industrial Estate, Polbeth, West Calder, West Lothian, EH55 8TJ, Scotland;

“Order”
means any request or order (via phone, web order (excluding Ebay or Amazon) or mail order) to purchase the Goods, and;

the “Parties”
refers to the Customer and Love Tiki

1. Validity

1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Love Tiki Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.

1.2 Any Order is subject to acceptance by Love Tiki. Love Tiki is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Love Tiki does not in itself constitute acceptance by Love Tiki of the Order.

1.3 Love Tiki may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Love Tiki website or catalogue.

 

2. Goods being Sold

2.1 Descriptions and specifications for the Goods are set out on the Love Tiki website at the time of the Order or the Love Tiki catalogue from which the Order is placed provided the catalogue is current at the time of the Order.

2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and Love Tiki may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.

2.3 If any Goods are unavailable or out of stock then Love Tiki may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Love Tiki may vary the Order with the Customer’s approval.

2.4 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.

2.5 We won’t sell alcohol to anyone who isn’t at least 18 years old. By placing an order, you confirm that you are at least 18 years old.When you place an order as a gift, you confirm that the recipient is at least 18 years old.

 

3. Terms of Payment and Payment Methods

3.1 The Goods shall be payable at the prices listed on the Love Tiki website at the time of the Order or the Love Tiki catalogue from which the Order is placed provided the catalogue is current. Love Tiki reserves the right to update prices on the Love Tiki website or in future Love Tiki catalogues from time to time. Occasionally, prices advertised on the Love Tiki website may differ from prices advertised in the Love Tiki catalogue and Love Tiki is under no obligation to honour the price in the website if the Order is placed through the catalogue. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.

3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.

3.3 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Love Tiki shall be under no obligation to honour the incorrect price or Order.

3.4 Payment for Goods and Delivery may be made by any of the options listed on the Love Tiki website or catalogue.

3.5 Love Tiki reserves the right to charge interest on late or overdue payments by the Customer.

3.6 All Orders may be subject to further credit or security checks.

3.7 Love Tiki’s Price Promise applies to any lower published price for a like-for-like product offered on the same terms in the UK. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as Love Tiki’s and the competitor must have stock availability at the time of ordering. The price will not be matched where there are ‘hidden extras’ such as delivery charges. In order to qualify, the price must be published in writing. Love Tiki’s Price Promise excludes comparing like-for-like products from companies within the Love Tiki group of companies.

 

4. Delivery

4.1 Full delivery prices and options are listed on the Love Tiki website or catalogue and subject to change from time to time.

4.2 Standard Delivery and Premium Delivery Orders will be sent for ‘next day delivery’ within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by Love Tiki before 2pm on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered ‘next day’ then delivery will usually be completed within 5 days.

4.3 Offshore/Remote deliveries will usually be dispatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.

4.4 Love Tiki will use reasonable endeavors to meet delivery estimates in all cases however Love Tiki cannot be held liable for any loss or damage due to delay in delivery.

4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.

4.6 Goods delivered are used, stored and installed at the Customer’s own risk and Love Tiki will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Love Tiki to the Customer before delivery.

4.7 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at Customer’s sole risk.

4.8 We cannot resend items that are liquid or glass we will issue a refund for breakages.

 

5. Warranties and Returns

5.1 Subject to the conditions in this Clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Certain large or bulky items may be subject to a restocking fee. Certain Goods cannot be returned for hygiene purposes. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the Love Tiki website or catalogue. The cost of returns may be refunded in whole or in part to the Customer at Love Tiki’s discretion.

5.2 Goods are guaranteed in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at Love Tiki’s discretion. Parts and labour under this warranty are guaranteed in the UK mainland only.

5.3 Goods that are damaged due to delivery must be reported to Love Tiki within 24 hours. Large Goods such as refrigerators must be inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing from delivery must be reported to Love Tiki in writing within 7 days from delivery.

5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to Love Tiki within 24 hours to qualify for replacement, repair or refund at Love Tiki’s discretion. Goods marked ‘no commercial warranty’ are sold without any warranties unless otherwise stated. Certain Goods may be disposed of in accordance with Love Tiki safety instructions for replacement, exchange or refund with Love Tiki’s prior approval. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a ‘sale or return’ basis without prior written approval by Love Tiki. Love Tiki may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without Love Tiki’s prior endorsement or approval.

5.5 Old electrical & electronic equipment may be disposed of by prior arrangement in compliance with WEEE regulations. Full details of Love Tiki’s WEEE compliance policy are available on the Love Tiki website.

5.6 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.

 

6. Termination

6.1 Love Tiki reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.

6.2 Love Tiki reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.

6.3 Love Tiki reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Love Tiki’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.

6.4 Love Tiki reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).

 

7. Limitation of Liability

7.1 The Customer agrees that Love Tiki will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Love Tiki will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude Love Tiki’s statutory liability for injury or death.

7.2 Goods sold are not insured for delivery unless confirmed as insured by Love Tiki on acceptance of the Order.

 

8. Intellectual Property Rights and Confidentiality

8.1 Goods sold or supplied by Love Tiki may be subject to copyright (whether owned by Love Tiki or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Love Tiki harmless for any breach of said covenant.

8.2 The Customer’s data protection and privacy rights under this Agreement are set out in Love Tiki’s privacy policy (available on the Love Tiki website).

 

9. Jurisdiction

9.1 This Agreement is governed by Scottish law and the Parties shall be subject to the exclusive jurisdiction of the Scottish courts.

9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.

 

10. E-Voucher Terms & Conditions

10. Percentage Discount E-Vouchers

10.1. Percentage Discount E-Vouchers can only be redeemed online at www.lovetiki.com.

10.2. Unless otherwise stated, Percentage Discount E-Vouchers are single-use only.

10.3. Multiple Percentage Discount E-Vouchers cannot be used in the same transaction.

10.4. Percentage Discount E-Vouchers cannot be redeemed against delivery charges.

10.6. Love Tiki standard terms & conditions of sale will apply to all goods that are purchased with a Percentage Discount E-Voucher

10.7 Percentage Discount E-vouchers are not valid on any procucts within Equipment or Machinery categories

 

11. Money Off Discount E-vouchers

11.1. Money Off Discount E-Vouchers can only be redeemed online at www.lovetiki.com.

11.2. Money Off Discount E-Vouchers are supplied in £ sterling.

11.3. Money Off Discount E-Vouchers are single-use only.

11.4. Multiple Money Off Discount E-Vouchers cannot be used in the same transaction.

11.5. The full face value must be used in the same transaction. No change or credit will be given for any unused balance.

11.6. Money Off Discount E-Vouchers cannot be exchanged for cash.

11.7. Money Off Discount E-Vouchers can be redeemed as full or part payment for goods. For part payment you will need to pay the balance of your order with an alternative payment method in the same transactions.

11.8. Love Tiki Plc standard terms & conditions of sale will apply to all goods that are purchased with a Percentage Discount E-Voucher.

11.9 Percentage Discount E-vouchers are not valid on any procucts within Equipment or Machinery categories

 

12. AGE RESTRICTIONS

12.1 In the UK it is illegal for:

12.1.1 any person under the age of 18 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 18; and

12.1.2 an adult to buy (or to attempt to buy) alcohol for any person under the age of 18.

12.2 You may only purchase an alcoholic Product from us if you are:

12.2.1 at least 18 years old;

12.2.2 not buying that Product for any person or persons under the age of 18; and

12.2.3 of legal age to purchase alcohol both in the country where you place the order and the destination country.

You must check with the local authorities in the country where you place the order and the destination country to ensure that you will not be breaking any law or regulation by ordering alcohol from us. By placing an order to purchase a Product, you promise to us that it is lawful for you to order the relevant Product in the country where you place the order and for the recipient to receive the relevant Product in the destination country. If you breach this promise we may end the contract and charge you reasonable compensation for the net costs which we incur. We may deduct the compensation payment from the bank account which you used to pay for the Product. We may make that deduction from that bank account in more than one payment.