Terms of Sale
Last updated August 23, 2016
Information About Us
Our websites, www.loveknitting.com and www.lovecrochet.com (and associated mobile apps) (“Websites”), are owned and operated by Lovecrafts Collective Limited (“Lovecrafts”, “we” or “us”), incorporated and registered in the England, whose registered office is at 8th Floor WeWork Aviation House, 125 Kingsway, London, WC2B 6NH. Our Company registration number is 07193527. Our VAT number is 196 4699 40. Our trading address is 8th Floor WeWork Aviation House, 125 Kingsway, London, WC2B 6NH. Our telephone number is 1-866-606-1023.
The sale and supply of Goods via our Websites is performed for US and Canadian customers (and other customers who may purchase from our US or Canadian stores) by our subsidiary Lovecrafts Inc. (“Lovecrafts”) These Terms of Sale shall operate as though entered into between you and Lovecrafts. LoveCrafts is registered in Delaware (no. 5538708) and its registered office is at 251 Little Falls Drive, Wilmington, Delaware 19808. LoveCrafts telephone number in the United States is 1-866-606-1023.
Scope Of These Terms Of Sale
Order And Contract Creation
The Contract will apply to the exclusion of any other terms, including any terms which you may purport to apply under any purchase order, confirmation of order or other document. By placing an order with us you acknowledge that any business conducted thereunder will be subject to these Terms of Sale. A Contract will only subsist after we have debited your payment method and sent an Order Confirmation (whether or not you have received it) and will relate only to Goods specified in the Order Confirmation.
Nothing in these Terms of Sale shall operate to deny or limit any of your rights as a consumer by law. In the event of conflict between the terms of the Contract and any such rights, the latter shall prevail in favor of you provided you are buying from us as a consumer and not as a business.
All Goods offered for sale are subject to availability and subject to our acceptance of the order. No order shall be deemed accepted by us unless and until it is confirmed unconditionally by us via email (whether or not you have received it)
The technical steps required to create the Contract between us are as follows:
- 1. You place the order for your Goods on the Websites by adding the Goods to your basket, following the prompts and pressing the “confirm order” button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the relevant Website.
- 2. You fill in all the details required to complete a purchase and make a payment. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
- 3. We will send to you an order acknowledgement email detailing the Goods you have ordered. This is not an Order Confirmation. You should check that the details in this order acknowledgment are correct, and keep a copy of it.
- 4. You will receive an Order Confirmation for your order via email once your order has been shipped. The formation of the Contract shall be completed on the shipment to you of the Goods ordered unless we have notified you that we do not accept your order, or you have cancelled it. The Contract will relate only to the Goods stated in the Order Confirmation. We will not be obliged to supply any Goods in your order until you receive an Order Confirmation.
You should check that the details in the Order Confirmation are correct, and keep a copy of it.
Lovecrafts reserves the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, at its sole discretion. Non-acceptance of an order may be a result of one of the following:
- ● the Goods you ordered being unavailable;
- ● our inability to obtain authorization and confirmed receipt for your payment;
- ● the identification of a pricing or product description error; or
Description Of Products
We will take all reasonable care to ensure that all details, descriptions and prices of Goods appearing on our Websites are correct at the time when the relevant information is entered onto the system. Although we aim to keep the Websites as up to date as possible, the information, including descriptions of Goods, appearing on the relevant Websites at a particular time may not always reflect the position exactly at the moment you place your order. We will notify you of any material changes to this information which shall be deemed to have been accepted by you unless we receive a notification in writing within 14 days upon notification. It is your responsibility to provide us with a valid e-mail address for such communications. While we make every effort to provide accurate and helpful information, commentary and other materials posted on our Website are a guide only and not intended as advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Websites, or by anyone who may be informed of any of its contents.
For the avoidance of doubt, all references to Goods in these Terms of Sale shall include digital patterns (“Digital Patterns”) insofar as the context permits (or is otherwise expressly stated). This section, “Digital Patterns” set out those specific terms relating to the download of Digital Patterns and these specific terms such shall prevail over any other conflicting terms herein in to the extent that they relate to Digital Patterns.
Digital Patterns are made available for you to “purchase” from our Websites in the form of an irrevocable, non-exclusive, non-transferable and non-sub-licenseable license which we will grant to you provided that you fulfil your duties under these Terms of Sale including but not limited to provision of information and payment. You must not breach the terms of such license by copying, distributing, or using the Digital Pattern in any way other than its intended purpose.
Notwithstanding the terms in these Terms of Sale relating to Goods other than Digital Downloads, once downloaded, you shall not be able to cancel your order or “return’ the Digital Pattern except in the case of a fault or defect.
In the case of a fault with Digital Pattern, you must contact us within 30 days of purchase at email@example.com. It is your responsibility to download the Digital Pattern and check for faults within this period. We will not be able to issue a refund after this time under any circumstances.
While we do reserve the right to review Digital Patterns uploaded to our Website by independent designers, and shall use reasonable endeavors to ensure the quality of Digital Patterns, we cannot make any guarantee as to quality, saleability or fitness for purpose. Digital Patterns are made available on an “as is” basis without any representation, warranty or condition. Our liability to you in respect of any Digital Pattern shall be limited to the Order Price you paid for such Digital Pattern.
"Order Price" means the price at which we have agreed to accept your order and is deemed inclusive of delivery charges and any applicable sales tax. “Delivery price” means the price that you will be charged for shipping and delivering your Goods and is quoted for delivery in the United States or Canada, as applicable, unless otherwise specified. “Product Price” means the sale price of the product that excludes delivery costs and applicable sales tax, if any. For United States customers only import duties will be included in the Product Price. Canadian (and all other) customers will be responsible for any import duties or taxes which may be applied. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to change the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control. In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
All prices on our US store will be displayed in US dollars and all prices on our Canadian store will be displayed in Canadian dollars.
By placing an order you agree that payment will be charged to your debit/credit card account or electronic payment account as provided on the order form before the shipment of the Goods. Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form. However, we do not accept the following: Diners Club, JCB, Laser, Discover. When you pay for your order by credit card, we carry out certain checks which include obtaining authorization from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By accepting these Terms of Sale you confirm that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own. Payment will be taken out of your account before delivery of the goods. We will take all reasonable care, insofar as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
All payments will be taken in the currency the price is displayed at on the Website.
For further information on our shipping policies please see our Shipping page. The place for delivery of the Goods will be agreed between us and you during the checkout process, which may be an address other than billing address. We offer standard delivery to anywhere in United States or Canada. We can, at our sole discretion, accept orders from individuals located in those otherwise exempted areas, subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and we will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Goods however caused. If no delivery dates are specified, orders will be delivered within 30 days of the original order date. Where earlier dates are specified, these cannot be guaranteed. However if we find that we are unable to deliver within the dates specified or within 30 days if no other earlier dates are specified, we will contact you and give you the choice whether to (a) accept a different delivery date; (b) accept the substitution of a similar Good of equal or higher value; or (c) to cancel your order and receive a full repayment of the amount paid to us as full and final settlement of all and any claims you may have as against us for non-delivery.
You must inspect the Goods on delivery (which, in the case of Digital Patterns, shall mean receipt of the Order Confirmation containing the link to download such Digital Pattern). If you are asked for your signature on delivery, you should examine the Goods before signing for it. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the Contract (as a whole) as repudiated if we fail to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.
If, having placed an order with us, you wish to cancel it, you may do so for a full refund of the cost of the Goods and any shipping charges, provided we have not already shipped the Goods to you (or, in the case of Digital Patterns, prior to download). If we have already shipped the Goods, you may return them in accordance with “Returns and Refunds” below, for a refund of the cost of the goods only.
We may cancel the Contract in the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised. We will not be under any obligation to provide those Goods to you. If we discover the error before sending an Order Confirmation, we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we discover the error after sending you an Order Confirmation we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognized by you. We will notify you if we cancel the Contract and you will receive a full repayment of the amount paid to us as full and final settlement of all and any claims you may have as against us for non-delivery.
Returns And Refunds
Customers resident in the US or Canada may return new and unused products (other than Digital Patterns, once downloaded) which are not incorrect or faulty within 120 days of delivery for a full refund of the cost of the Goods only. Please make sure you return the Goods in their original packaging, in a saleable condition, along with the original invoice.
For returns of Goods which are not faulty or incorrect, if you are located in the United States, you may use the pre-paid returns label supplied. If you are located outside of the United States, you will be liable for the original postage costs and costs of shipping the Goods to us. For more detailed information refer to our Returns & Refunds guides for the US and Canada.
All Goods which are returned by you to us must be returned with appropriate packaging and the original invoice. Since you are liable for damage to Goods due to insufficient packaging by you, the best option is to return them with the original packaging as supplied by us. The Goods must be in an unused condition (except only in the case of Goods which have been discovered upon use to be faulty) to ensure part or full refund in respect of such Goods. Value packs and colour packs may be returned only as a whole pack or kit, we are unable to accept the return of part packs or kits. All returns need to be returned to the standard returns address provided on the delivery slip for a full refund to be possible. Please retain a certificate of posting as proof of your return.
Faulty and/or incorrect Goods
You shall be entitled to return Goods in the case of faulty or defective or wrongly delivered Goods provided that you contact us at the earliest opportunity after you have discovered the fault or defect and no later than 120 days after receiving the them. The fault is must not be due to misuse (including use contrary to the manufacturer’s instructions) or normal wear and tear. This shall apply only to the part of your order which is faulty or incorrect, unless all of the items in your order are faulty or incorrect. You must include the order number and details of the claim. Upon receiving such communication, we will contact you providing all relevant instructions. You must then immediately return the Goods to us. If you are in the United States you may use the pre-paid returns label supplied. If you are located outside of the United States, you will need to cover the costs of shipping yourself using the postal service we specify. Please do not use a more expensive service to refund the Goods as we will only refund costs using the service we require. Please also ensure there is a copy of the postal cost receipt returned with the incorrect or faulty item(s) so that we can reimburse this amount.
Your refund (including original shipping costs for US customers and original and return shipping costs for non-U.S. customers) will be paid within 30 days of the safe arrival of the Goods at our Premises or on receipt of proof of postage whichever is earlier. We will have no further liability to you in respect of such items.
You cannot use the Websites if you are in a country which the US has listed as an embargoed trade country or is on their Table of Deny orders. To the extent applicable, software from the Websites is subject to United States Export Controls. You may not download or export software from the Websites (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on the Websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
If any provision of these Terms of Sale shall be deemed invalid, void, or for any reason unenforceable, that provision(s) shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
Neither Lovecrafts, nor our affiliates, directors, employees or contractors will be liable in any way for loss, damage, costs or expenses (including, but not limited to, loss of reputation, office time or profit) arising directly or indirectly from any failure or delay in performing any obligation under a Contract by reason of any event or circumstance outside our (or their) reasonable control, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Other Important Terms
We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under the Contract. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
If we fail to insist that you perform any of your obligations under the Contract, 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.
Applicable Law And Jurisdiction
These Terms of Sale, a Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed and construed in accordance with the laws of the England and Wales and you and LoveCrafts shall irrevocably submit to the non-exclusive personal jurisdiction of courts of England and waive any objection to venue in such court.