TERMS & CONDITIONS
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms and conditions:
- Reference to ‘we” and “us” is a reference to Lucky West.
- Reference to “you” is a reference to the purchaser of the Goods from us.
- “Contract’ means the contract between us for the sale and purchase of the Goods which incorporates these Terms.
- “Goods” means the t shirts and other items purchased by you from us.
- “Terms” means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
2.1 The price of Goods quoted on our website includes VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate.
2.2 The cost of packaging and postage is shown separately and is payable separately from the price of the Goods.
2.3 All published prices are subject to change at any time without notice.
3. ORDERING GOODS ONLINE
3.1 You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
3.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.
3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
5.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
5.2 Payment online will be made by credit card, debit card or Payee’. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
6.1 We will give you an estimated delivery date for the Goods but no times or dates provided by us are guaranteed.
6.2 You must notify us promptly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
7.1 You will have a right to cancel an order within 7 working days from the date that you receive the Goods. Cancellation must be confirmed to us by notice in writing.
7.2 You must take reasonable care of all Goods in your possession and return them to us, in original packaging to avoid damage, within 7 days from the cancellation date. We reserve the right to arrange collection, in which case you will be responsible for collection charges.
7.3 We will refund the purchase price to you within 30 days of the cancellation notice but we reserve the right to charge a restocking fee and any other reasonable costs we incur in connection with the return of the Goods.
8. RISK AND OWNERSHIP
8.1 The risk of loss or damage to Goods passes to you upon delivery.
8.2 Ownership in all Goods remains with us until full payment of all amounts due to us have been received from you.
8.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
9. WARRANTIES AND LIABILITY
9.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
9.2 We will not have any responsibility for any damage which occurs to the Goods after delivery.
9.3 If any defect in any Goods appears within 30 days of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
9.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
9.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
If you wish to give us any notice relating to a matter covered by these Terms, you must confirm that notice via email. Email notices are to be sent to firstname.lastname@example.org and you must send them so as to return an acknowledgement of receipt.
11. CUSTOMER DEFAULT
- give us any incorrect personal information, or
- fail to make any payment when it is due, or
- cancel any payment, or
- become insolvent, or
- commit any breach of these Terms
Then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
12. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
13.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
13.2 Entire Agreement These Terms govern our relationship with you and in accepting them; you confirm that no other arrangement, agreement or representation applies.
13.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
14. INTELLECTUAL PROPERTY
Where the Goods include designs and or logos, these are prepared by Lucky West who own the copyright in those works. You have no right to make any copies or adaptations of any of those Goods.
15.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.
15.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
16. GOVERNING LAW
These Terms and the Contract between us are governed by English law.
What happens to my information when I communicate with Lucky West?
When you share your email address with Lucky West, you consent to receive communications from us, either via email or via updating or posting notices on the web site. You agree that all agreements, notices, disclosure and other communications that Lucky West provides to you electronically satisfy any legal requirement that such communication be in writing.
What data does Lucky West collect?
Lucky West collects and stores your personal information when you either create an account, or sign up to be notified of new products or discounts and offers. An account is created when you either make a purchase or register for an account on Lucky West. When creating an account, we ask you for your first and last name, your email address, a password and perhaps some other similar information. If you are making a purchase, we will additionally ask you for your billing address, shipping address and card information.
Cookies are small amounts of information which we store on your computer. Unless you have indicated an objection to this when disclosing your details to us, our system will automatically issue cookies to your computer when you log on to luckywest.com. The purpose of cookies is to allow easy use of our site for future visits. They also help us to monitor use and traffic flow of our site, so we can evaluate certain sections and products to ensure that the site is working efficiently. If you do not want allow cookies you can set up your computer to reject them. However, if you choose to do this then you may not be able to use certain features on our site.
Security is extremely important to us at Lucky West, our site employs the latest version of Secure Socket Layer Technology (SSL) to encrypt your information and help ensure that only you and Lucky West ever see it. Some web browsers and some firewalls will not permit a secure connection if your Web browser will not permit a secure connection, you can use a standard server connection to complete your transaction, but this method is not guaranteed to be as secure.
Sharing of Information
Lucky West does not share information with outside parties.
How does Lucky West use your email address?
We use your email address to send you confirmation if you have signed up for an account, and also when you place an order we will send you confirmation.
Every so often we will send you newsletters with special offers or information on new products and special items of interest.
DELIVERY & RETURNS
Our delivery service is provided by UK Royal Mail.
Standard delivery £3.99
Signed for delivery £8.99
Standard delivery £5.99
Signed for delivery £10.99
Please note the recipient is liable to pay any and all costs relating to any import charges or taxes that may be applicable within your own country.
We are happy to offer a full refund or exchange on any purchases, as long as they are returned in their original condition unworn in the original packaging with the receipt and within 14 days of purchase.
If you want to return an item, please email email@example.com and we will send you a returns form. You will need to complete and send back with the unwanted goods, we recommend you send via recorded delivery as the items are your responsibility until we receive them.
A full refund is given including the original delivery charge, but the cost of returning goods will be at your own expense and we will not take responsibility for these costs incurred. However, if you wish to exchange items will cover the postal charges for sending the goods back.
Once we have received your return we will notify you and process it, for either a refund or exchange. This procedure wilt not normally take more than 7 days. If you are receiving a refund the money will be paid back to you via the method you purchased. We endeavour to offer you an exchange at all times however if a product is no longer in stock, we will offer you an alternative or refund your money.
Q: Is it safe to purchase online from Lucky West?
A: Lucky West takes security very seriously, and is of utmost importance to us. Our website uses the Industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your order information safe. We use an established and safe online payment facility for processing debit & credit card payments, PayPal works 24/7 to help safeguard your privacy and protect your identity by using advanced technology and vigilant monitoring.
Q: What payment methods do you accept?
A: We accept all the major credit & debit cards including: Mastercard, Visa & Maestro. We also accept Paypal.
Q: How do I place an order?
A: It’s so easy. All you need to do is select what you want and add it to your basket, once you have finished your shopping you can proceed to the check-out where you will need to fill out your personal details and select your delivery option and payment option. Once this has been completed you will receive and order confirmation email.
Q: What size should I buy?
A: Please refer to our size guide tab for help
Q: How do I become a Lucky West model?
A: If you are interested in future modelling shoots for Lucky West, please contact us via firstname.lastname@example.org