Terms and Conditions
Please read the following terms and conditions carefully:
This website at www.lostartshop.co.uk ("the Site") is the property of Lost Art, trading as "Lost Art Skateboarding", hereinafter referred to as "Lost Art", "our", etc.
By using the Site you agree to the following Terms and Conditions:
- 1. Variation of these Terms and Conditions
We reserve the right to change or modify these terms and conditions at any time. It is your responsibility to check these terms and conditions periodically. Your use of the Site following the posting of any changes means you accept and agree to the changes.
- 2. The contract between us
We must receive payment of the whole of the price, in pounds sterling only, for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide us during the checkout process. Our acceptance of your order brings into existence a legally binding contract between us. All products on the Site are sold on the condition that they are not resold to the public.
- 3. Restrictions on the formation of this contract
- 3.1 In order to order from us, you must:
- 3.1.1 be over the age of eighteen (18);
- 3.1.2 not be ordering on behalf of someone under eighteen (18) years of age;
- 3.1.3 not be registered blind or partially sighted.
- 3.1 In order to order from us, you must:
- 4. The goods to be supplied ("the Goods")
- 4.1 A description of the Goods is set out on the Site. Whilst we will attempt to ensure that there are no changes to the Goods, it is possible that there might be some minor variations to their description and/or specification which arise by virtue of changes made by the manufacturers of the parts supplied which form part of the Goods.
- 4.2 We cannot guarantee that the colours of the products shown on the Site will look like the actual product that you receive. Although we use advanced photographic techniques and take special care to ensure accurate colour representation, actual colours can vary from virtual colours due to the varied colour settings used by your computer monitor.
- 5. Price
- 5.1 The prices payable for the Goods that you order are as set out in the Site.
- 5.2 The prices on the Site include any value added tax (VAT) payable.
- 5.3 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in the Site.
- 5.4 If delivery is to be made outside of the United Kingdom, you may be liable for additional customs duties on your order. We cannot predict what these may be, or prevent them being applied. For further information we recommend that you contact your local customs bureau.
- 6. Your right to cancel the contract
- 6.1 You have no right to cancel any order that has been accepted by us except as set out below;
- 6.2 You may cancel your contract with us from the time the order is accepted until seven (7) working days after delivery of the order to you has been made;
- 6.3 To cancel your contract you must notify us in writing by either email or post or via telephone (however we cannot accept cancellations made via a voice message left on the answering machine, we must speak with you in person to confirm the cancellation is valid).
- 7. Our right to cancel the contract
- 7.1 We reserve the right to cancel the contract between us if:
- 7.1.1 we have insufficient stock to deliver the Goods you have ordered;
- 7.1.2 we do not deliver to your area; or
- 7.1.3 one or more of the Goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
- 7.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible but in any event within thirty (30) days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
- 7.1 We reserve the right to cancel the contract between us if:
- 8. Delivery of goods to you:
- 8.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
- 8.2 Delivery will be made as soon as possible after your order is accepted and in any event within twenty-eight (28) days of your order.
- 8.3 You agree that we will not be liable for any losses, damages or charges incurred as a result of the late delivery of goods.
- 8.4 Once the goods have been dispatched to you, you are the legal owner of the goods. They will be held at your own risk and we will not be held liable for the loss of or damage to, the goods.
- 9. Inspection of the Goods
- 9.1 Upon delivery you should carefully inspect the Goods. If any of the Goods supplied are damaged or lost, please contact us to inform us of the problem within five (5) working days and do not use the Goods.
- 9.2 Each of the Goods supplied will contain written confirmation of the prescription used. If the prescription stated does not match the prescription ordered, please contact us to inform us of the problem within five (5) working days; do not use the Goods.
- 10. Liability - Your particular attention is drawn to this paragraph
- 10.1 If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem in writing within seven (7) working days of the delivery of the Goods in question.
- 10.2 If you do not receive the Goods ordered by you within twenty-eight (28) days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within thirty-five (35) days of the date on which you ordered the Goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
- 10.2.1 to make good any shortage or non-delivery;
- 10.2.2 to replace or repair any goods that are damaged or defective; or
- 10.2.3 to refund to you the amount paid by you for the Goods in question in whatever way we choose.
- 10.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under clause 10.2.3 above.
- 10.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
- 10.5 Lost Art provides the Site on an 'as is' basis and makes no representations or warranties of any kind with respect to the Site or its contents and disclaims all such representations and warranties. In addition, Lost Art makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the Site. The information contained in the Site may contain technical inaccuracies or typographical errors. All liability of Lost Art howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- 10.6 Neither Lost Art nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- 10.7 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit LMF's liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
- 11. Transferral of the Contract
- 11.1 This contract is personal to you. You may not transfer your rights or the benefit of any of the provisions of this contract to any other person without our prior written permission.
- 11.2 We may assign or subcontract the contract or any part of the contract to any person, firm or company.
- 12. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Lost Art, 57 Bold Street, Liverpool, Merseyside, L1 4EU. United Kingdom or by email to email@example.com and all notices from us to you will be displayed on our website from time to time.
- 13. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, delays caused by our suppliers, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- 14. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- 15. Privacy
We will ensure that our employees, agents and sub-contractors shall, at all times, comply with the provisions of the Data Protection Act 1998 in relation to data received from you under this contract and shall only process personal data received from you where necessary to fulfil our obligations under this contract.
- 16.1 A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
- 16.2 When you visit our website we send you a cookie. Cookies may be used in the following ways:
- 16.2.1 To help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly;
- 16.2.2 To compile anonymous, aggregated statistics that allow us to understand how users use our site and to help us improve the structure of our website. We cannot identify you personally in this way.
- 16.3 Two types of cookies may be used on this website, session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).
- 17. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- 18. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
- 19. Entire agreement
- 20. Company details
Lost Art trades under the name Lost Art Skateboarding (www.lostartshop.co.uk) at Lost Art, 57 Bold Street, Liverpool, Merseyside. L1 4EU United Kingdom.