Terms & Conditions of Sale
Welcome to the Locket Smart Store (the “Store”), provided by It’s Not 1999 Limited trading as ‘Locket’, a company registered in England and Wales with company number 12787431 and registered office address 5 Jardine House, Bessborough Road, Harrow, England, HA1 3EX (referred to in this document as “Locket”, “we”, “us”, “our”). By accepting these Terms and Conditions, you agree that they will apply to your order once accepted by us. Please read these Terms and Conditions carefully before you purchase Products from the Store. If you do not agree with any of the provisions of these Terms & Conditions, you should not purchase these Products.
Locket reserves the right, in its sole discretion, to limit order quantity and to refuse or cancel orders above the limit. Such limits will be notified to you before you attempt to purchase any Products. We reserve the right to change these Terms & Conditions at any time, so please ensure you review the Terms & Conditions before making a new purchase from the Store. Every time you order Products from Locket, the Terms & Conditions in force at that time will apply between you and Locket, and we will not change those Terms and Conditions in respect of that order. If you have any questions regarding these Terms & Conditions, you can contact us at email@example.com.
You may have certain legal rights in accordance with the laws applicable in your country or jurisdiction. The disclaimers, exclusions and limitations of liability under these Terms & Conditions apply to the extent that they are not prohibited by applicable law. For a full description of your legal rights, you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.
1. Placing your order
1.1 To place an order you must be 18 years of age or over. In order to be entitled to benefit from the special discounts on the Locket Smart Store, you must be a registered customer, and signed up to Locket Insurance on our monthly rolling contract. Locket reserves the right to cancel your order in its absolute discretion if we should determine that you do not require the Product for your own use and are attempting to circumvent our requirements for accessing our special discounts. We will inform you if we cancel your order on the above basis. Any payments you have made will be refunded to you.
1.2 You may place an order by selecting the Product of your choice in the ‘Smart Store’ section of the app, checking-out and choosing between three different methods of payment. Please note that we will not accept orders placed in any other way, other than the one listed above.
1.3 When you place an order, we will issue you with an order number and this number, along with an order confirmation, will be sent on the email you used to sign up to Locket Insurance.
1.4 By placing an order, you make an offer to us to purchase the Products you have selected on these Terms & Conditions. We may or may not accept your offer at our discretion. By sending you an order confirmation in accordance with clause 1.3, we indicate our acceptance of your order and a one-off contract will be created between you and us on these Terms and Conditions.
1.5 Whilst we will make every effort to supply you with the Products listed on the order confirmation, there may be occasions where we are unable to supply these Products because, for example, such Products are no longer being manufactured or we are unable to source the Product, or because we have identified an error in the price or description of the Product. In such circumstances we will contact you with this information and may suggest alternative Products you might wish to purchase. If you accept our suggestions then we will send you a revised order confirmation. If you do not accept our suggestions, we will cancel your order in relation to the Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. If we do not hear from you within 48 hours of our suggestions, we will deem your order to be cancelled. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
1.6 The Store is solely for the promotion of our Products in mainland UK. Unfortunately, we do not accept orders from or deliver to addresses outside mainland UK.
2.1 The prices for the Products will be the price indicated on the order pages and your invoice. If you think an invoice is wrong please contact us promptly to let us know. We take all reasonable care to ensure that the price of the Product advised to you is correct. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
2.2 VAT is payable by you at the applicable rate as indicated on your invoice.
2.3 Delivery costs, where applicable, are payable by you as indicated on your invoice.
3. Paying for your Products
3.1 You may pay for your Products by the method of payment as may be displayed on the payment section of the Locket Smart Store.
3.2 You must pay in the currency as indicated on your invoice.
3.3 If you are paying by credit card, then you must supply your credit card details when you place your order. Your credit card will be charged when we issue your invoice or on shipment of your Products. We will not supply the Products to you until your credit card issuer has authorised the use of your card for payment of the Products ordered. If we do not receive such authorisation, we shall let you know. Your credit card billing address must be in the United Kingdom. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
4. Delivery of Your Products
4.1 Products paid for by credit card will not be delivered to any address outside the United Kingdom or the Isle of Man. The costs of delivery will be as displayed to you on the Store at the time of purchase.
4.2 We will deliver your Products to the delivery address as shown on your order form unless you are paying for your Products by credit card in which case, we will deliver your Products to the billing address for your credit card as indicated on your order confirmation.
4.3 Estimates of delivery time will be given to you at the time of purchase. We will aim to deliver your Products to you within 24 hours of the date of issue of your order confirmation, provided the order has been placed before 1pm on the date of issue of your order confirmation (and subject to your credit card issuer authorising the use of your card in accordance with clause 3.3). In any event, such delivery times are estimates only. Orders placed after 1pm will not be guaranteed for delivery within 24 hours, but will have an estimated delivery day of the day after that. If you have ordered several Products at one time, we may deliver such Products on different days. You may cancel your order at any time prior to delivery of the Product by emailing us on firstname.lastname@example.org and quoting your order number.
4.4 Risk in your Products will pass to you upon our delivery of the Products. You own a Product once we have received payment in full.
4.5 Upon delivery of the Products to our carrier, we will send you a confirmation of shipment by email or mobile number, provided you have indicated an email address or mobile number on the order form.
4.6 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
4.7 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
4.8 If you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5. Your Right to Return the Products and Terminate your Contract with us
5.1 In certain situations you may have the right to terminate your contract with us, and return the Products purchased for a refund. Your rights to return the Products you have purchased depend on whether there is anything wrong with the Product in question, and when you decide to return it.
Right to change your mind.
5.2 If you are not satisfied with any Product you have purchased from us for any reason, you may return the Product and obtain a refund provided you contact us within 14 calendar days of delivery of the Product to you, and you must send off the Products within 14 days of telling us you wish to return them. The Product concerned must:
- be unused, undamaged, in its original packaging and in a resalable condition;
- not contain personal data or have been manufacturer-registered; and
- be restored to its original factory settings and unlinked to any user.
5.3 In order to exercise your option to return a Product, please email us on email@example.com with your order details or complete the cancellation form and send it to us.
5.4 Where you are returning the Product purchased under clause 5.2, provided the Products are returned to us undamaged, unused, restored to their original factory settings, unlinked to any user and in their original packaging, we will refund the price paid for the Products you have returned (although you will have to pay for the costs of returning the Products). Refunds can take up to 10 days to appear in your account.
5.5 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, 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.
5.6 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
5.7 Your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
If your Products are faulty or misdescribed.
5.8 If the Products are found to be faulty or misdescribed, you may have a legal right to get the Product repaired or replaced or to get some or all of your money back, or you may contact the manufacturer to see if they can resolve your issue. If you do need to return an item, please contact us on Intercom or at firstname.lastname@example.org.
5.9 Once the faulty Products have been returned and received, we will check the packaging condition and Products for any damage, issues and/or faults with the manufacturer and issue a replacement or refund based on our investigations.
You may terminate the contract with us in certain other circumstances.
5.10 If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
- there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
How to return the Products.
5.11 Products can be returned to us via Royal Mail Click & Drop, which will require a printout of a packing slip or a QR code to be shared with a Royal Mail drop off point. There will also be an optional home collection for which you will have to incur a charge of £0.75 and this option will require a printout of a label (which has to be attached to the package) in order for Royal Mail to collect.
5.12 We will pay the costs of return:
- if the Products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
6. Customer Service Support
6.1 For Support for non-Locket Products or services you may also contact the manufacturer directly. We will aim to include support contact information for each of our partners.
6.2 The email support service (email@example.com) or Intercom support service on our website (locket.insure) is available between 09:00 and 17:00 Monday to Friday.
6.3 In providing customer service support, we will attempt to resolve your query when you first get in touch with us. We cannot guarantee resolution of your queries.
7. Product Warranty
7.1 For non Locket-branded Products all warranty claims, where relevant, may be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims may first be made directly to the manufacturer. Nonetheless you may still contact us to exercise your statutory rights at any time.
8. Limitation of Liability
8.1 Nothing in these Terms & Conditions shall attempt to exclude or limit liability that cannot be excluded under applicable law. To the maximum extent permitted by applicable law, in no event will Locket or its partners be liable for loss or damage from or relating to the Products sold on the Locket Smart Store that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. Data Protection.
10. Electronic Communications.
You are communicating with Locket electronically when you use the Locket Smart Store. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. When you place an order in the Locket Smart Store, we will collect and store your email address. From that point forward, your email address is used to send you information about Locket and Smart Store Products and services unless you opt-out of such emails at the time your email address is collected or using the Unsubscribe link in the emails.
11. Force Majeure.
We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including, without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, 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.
12. Severability and Survivability.
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect, under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
Failure or delay by us to enforce any of these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
13. Governing Law and Jurisdiction.
These Terms & Conditions are governed by the laws of England and Wales. A contract for the purchase of Products through the Locket Smart Store and any dispute or claim arising out of or in connection with it will be governed by the laws and courts of England and Wales.
14. Transfer of this Contract and Third Party Rights
14.1 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
14.2 This contract is between you and us. No other person shall have any rights to enforce any of these Terms and Conditions.