Terms Of Purchase

TERMS OF PURCHASE 1 INTRODUCTION 1.1 These terms of purchase ("Terms") set out the terms on which you may purchase products from us via our website for delivery to the Approved Delivery Locations listed in clause 3.1 below. Please read these Terms carefully and make sure that you understand them before ordering any products from us. 1.2 These Terms are only available in the English language. 1.3 Products purchased for delivery to Australia, Hong Kong SAR, Japan, Singapore or South Korea, are managed via our third party e-commerce cross-border partner, Global-e NL B.V ("Global-e"), and are subject to Global-e's terms of sale (available at the checkout stage). These Terms will not apply to such orders. For more information, please see our FAQs. 1.4 We draw your attention in particular to: · Clause 7 which explains that we do not currently accept returns for change of mind, and that all sales are final except where a product is faulty or not as described; · Clauses 6.4 and 9.3 which restrict you from reselling products on a commercial basis and allows us to cancel the contract and not sell any products to you in the future if you breach the reselling restriction; and · Clause 10 which explains how we limit our liability to you. 2 INFORMATION ABOUT US 2.1 by-lof.com is provided to you by By LÖF Corporation ("us", "we" or "our"). 2.2 Our registered office is 251 Little Falls Drive, City of Wilmington, County of New Castle, Delaware 19808, USA. 2.3 You can contact us by: (1) email at hello@by-lof.com; (2) telephone on +1 888-315-0096 (US toll free number); (3) post at our registered address above; or (4) LiveChat via our website. 3 PLACING ORDERS 3.1 You may only place orders from us if: (a) you are over 18 years old, (b) possess a valid debit or credit card (or are authorised to pay via another of our accepted methods of payment); and (c) are able to accept delivery at the time of your purchase, in US and/or such other territories as are listed on our website from time to time as a delivery address ("Approved Delivery Location"). 3.2 You may only place an order for products via our website. 3.3 When placing an order, please ensure you provide complete and accurate information. Information we may require include your: first name, surname, phone number, email address, delivery and invoicing addresses. We may also ask for additional information during the ordering process to validate your order. It is your responsibility to ensure that the order is correct and accurately reflects your selection. Please take time to check your order before submitting it. If an order is not correct in any way, please see clause 3.8 below. 3.4 On receipt of your order we will send you an e-mail acknowledging that the order has been received. However, this does not mean that your order has been accepted. Prior to accepting any order, we shall carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. This may involve sharing your information with some of our third-party suppliers. For more information, please see our Privacy Policy. 3.5 Sometimes we reject orders, for example, because a product is unexpectedly out of stock; because you are located outside an Approved Delivery Location; or because you have, or we suspect you have, breached these Terms. When this happens, we let you know as soon as possible, and we will not charge you for your order. 3.6 We will communicate acceptance of your order by sending you an e-mail ("Confirmation") at which point a contract will come into existence between you and us. 3.7 If you place an order for multiple products and some of those products are unavailable, we may process the order in respect of the available products. 3.8 If you discover that you have made a mistake with your order or wish to cancel it before we have sent you the Confirmation, please notify us immediately by contacting our Client Services team using the contact details provided above. If you discover that you have made a mistake with your order or wish to cancel it after we have sent you the Confirmation, then please note that we are generally unable to rectify mistakes or cancel your order after details of it have been sent to our warehouse (i.e. after you have received your Confirmation). All sales are final, save that you may still have rights to a refund in relation to faulty or not as described products as set out in clause 7. 4 PAYMENT TERMS 4.1 Prices for our products may change from time to time, but changes will not affect any order you have already placed, save for in relation pricing errors, in respect of which please see clause 4.4. below. 4.2 All prices include any applicable customs duties and taxes but exclude US sales tax which will be calculated and added at checkout. 4.3 The price of a product as stated on our website includes delivery charges. 4.4 Our website contains a large number of products. It is always possible that, despite our best efforts, some of the products on our website may be incorrectly priced. If we discover an error in connection with the price of the products you have ordered, we will let you know as soon as possible after we become aware and we will give you the option of continuing to purchase the product at the correct price or cancelling your order in respect of that product. If we are unable to contact you using the most up to date contact details that we have for you, we will either reject the relevant part of the order or treat the relevant part of the order as cancelled and notify you by email at the address provided to us. 4.5 Our website sets out the method of payments that we accept. 4.6 We will only take payment once the order has been accepted by us (i.e. at the time of sending you a Confirmation). Products that are the subject of an order will not be dispatched until payment for all of them has been received in full by us. If we have only taken pre-authorisation for payment of an order on accepting that order, we will process that payment before we deliver the products to you. 4.7 Payments for all products must be paid in United States Dollars, or such other currency as stated on our website from time to time. It is not possible to request to pay in a different currency from that advertised for your relevant Approved Delivery Location. If you are a customer whose payment method is not denominated in one of the currencies which our website offers, the final price or refund will be calculated in accordance with the applicable exchange rate on the day your relevant card issuer or bank processes the transaction. We will not be liable for any exchange rate fluctuations, commissions, charges or fees which you may incur when paying for your order or when receiving a refund. 4.8 Ownership of products that are the subject of an order will only pass to you when we receive full payment of all sums due in respect of that order, including delivery charges (if applicable). 5 DELIVERY 5.1 We only deliver products to an Approved Delivery Location. For the avoidance of doubt, we do not deliver to freight forwarders, lockers, depots, PO boxes, or any other similar type of third-party agent or address. 5.2 We will arrange for delivery of the products using our chosen delivery partner. We aim to deliver products to you as soon as we can and will provide you with an estimated delivery date as part of your Confirmation. Please note that the estimated delivery date is just that and we cannot guarantee delivery by the estimated delivery date. 5.3 We may deliver products in several consignments but will not charge you any extra delivery charges for this. 5.4 All products are delivered using a tracked and signed service. Both we and our relevant delivery partner will be in touch with you prior to delivery, at which point, you can elect to change the delivery date. Please note that it will not be possible to remove the need for a signature or redirect delivery to another address, safe place or person. Please note that whilst a signature will be required for your delivery, we are not in a position to verify signature, so would advise you to sign for your order yourself and to not delegate this to a third-party on your behalf. We will not be liable for any loss or damage to products which are not signed for by you. We also reserve the right (on behalf of ourselves and/or our delivery partners) to ask for ID as part of our delivery process. 5.5 Risk of any damage to or loss of the products shall pass to you at the time of delivery. 5.6 If no one is available at your address to take delivery, our relevant delivery partner may attempt to redeliver the products and/or leave a note explaining that the products have been returned to the depot, in which case, you will need to collect the products. Please use the contact details provided by our delivery partner to arrange this collection. 6 PRODUCTS 6.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and materials accurately, we cannot guarantee that the display of the colours or materials on your computer or device accurately reflects the true colour or material of the products. Your products may vary slightly from those images, especially those which may have been handmade (in whole or in part) or made from natural materials (for example, a natural material like leather features naturally occurring surface variations and imperfections and so the colour, texture and general appearance of your product may vary slightly from images shown to you). The packaging of the products may vary from that shown on the images on our website. 6.2 The packaging of the products may vary from that shown on the images on our website. 6.3 You are only allowed to purchase one (1) unit of any one (1) product unless the product is available in multiple sizes, in which case, you are allowed to purchase different sizes of the same product, or as otherwise notified by us to you from time to time. Any orders placed which exceed this limit, will be rejected or cancelled. Please note, this limit applies per customer, not per order, meaning that if you attempt to purchase in excess of this limit across multiple orders or using different aliases or addresses, we reserve the right to reject or cancel any or all of these. 6.4 Any products purchased must not be resold or made available for resale on a commercial basis, which includes, but is not limited to, making them available on resale sites, as well as any attempts to purchase items on a wholesale basis. All products should be bought for personal use only and not for commercial activity which, in addition to those already referenced, include but are not limited to, buying products for use in influencing, blogging business activities, stylist services or for use in film or TV shows. 7 YOUR RETURN RIGHTS 7.1 All sales are final. We do not currently accept returns or offer refunds or exchanges where you have simply changed your mind about a product. The only exception to this is set out below, where a product is faulty or not as described. 7.2 We are under a legal obligation to supply products in conformity with the contract. 7.3 As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by anything else in these Terms. 7.4 If a product is faulty or not as described, please notify us as soon as reasonably practicable and promptly return it to us in accordance with our Returns Policy (see below). 7.5 If you are entitled to a refund because your products are faulty or not as described, we will refund you all payments received from you in relation to the affected product. Any refund due to you will be made to your original payment method and will be made within 14 days after the date that we receive the relevant product back from you and have had an opportunity to inspect it and determine the nature of the problem. If we do not receive the product, we may be unable to process your return and refund. 8 RETURNS POLICY 8.1 You may only return a product to us if it is faulty or not as described. We do not accept returns for change of mind. 8.2 Unless we tell you otherwise, if you wish to return a faulty or not as described product to us, please follow the steps below: (a) Log into your account. (b) Locate the order containing the product(s) you wish to return. (c) Select the product(s) you wish to return and use the drop down menu to state your reason for the return. (d) Once completing the above steps, please submit your return request. You will then receive an email with a return shipping label and further instructions on how to arrange the pick-up of your product(s) or locate your nearest dropoff point. (e) In preparing a product for return, please ensure that it is returned in its original packaging with all accompanying accessories, for example, hangers, dust bags, spare heels, care and authenticity cards etc. Please package a returned product securely and carefully to avoid any damage to it whilst in transit. In the event that certain products need to be packaged in a particular way, our Client Services team will provide the relevant details for you to follow. (f) To the extent that it is possible, we advise you use the same outer box to return your product(s) to us. In the event it is damaged or cannot be used, please contact our Client Services team. (g) Please ensure that the outer box is securely sealed and please also apply the anti-tampering security stickers provided by us over the top of the tape that you use, making sure these are stuck across the openings of the box. Please do not rely on the anti-tampering stickers alone to seal your parcel. (h) Finally, please print the returns shipping label provided via email and stick this to the outside of your parcel, making sure that the waybill is visible and all original shipping labels are removed and/or covered. 8.3 If you do not comply with our instructions on how to return products, or a product is not returned in the condition we require, as set out above, and/or the relevant timescales, as set out in clause 7, are missed, then it may not be possible for us to process any refund due. You may also not be eligible to make further purchases from us and/or we may block any account you may have with us if you fail to follow our Returns Policy or because we reasonably suspect fraudulent activity. 8.4 Where you are returning a product because it is faulty or not as described, we will cover the costs of returning the product to us; the risk and costs (including any custom duties and taxes) associated with any other return will be borne by you. If you wish to return a product to us, please contact our Client Services team who will provide you with the relevant address. 8.5 If we are unable to accept a returned product, we will contact you using the most up to date contact details provided to us and shall arrange for the product to be returned to you at our cost, save for any duties and taxes owed on the shipment, which you will have to pay for. 9 OUR RIGHTS TO END THE CONTRACT FOR YOUR ORDER 9.1 We may cancel your order (or only part of it, if applicable) at any time by notifying you if: (i) your payment does not go through at the point we try to charge you; (j) you do not, within a reasonable time, allow us to deliver your order to you; (k) you are (or we reasonably suspect that you are) in breach of these Terms, in breach of any applicable law in relation to your order, or in breach of any other contract that may exist between you and us; (l) we reasonably suspect fraudulent activity; or (m) we are unable (or reasonably believe that we are unable) to supply the products for reasons beyond our reasonable control or for legal or regulatory reasons. 9.2 If we cancel the contract in the situations set out in clause 9.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract (if applicable). Any refund due to you will be made using the same means of payment as you used for the initial transaction and will be made within 14 days after we cancel the contract. 9.3 If we cancel the contract for serious reasons, for example because we suspect fraudulent activity or a real risk of harm if the contract were to continue, or because you have breached clause 6.4 or you have committed another serious breach of these Terms, we may block and/or close any account you may have with us and we may choose not accept any further orders from you. 10 OUR RESPONSIBILITY FOR LOSS 10.1 Nothing in these Terms is intended to exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation. 10.2 You can only purchase our products under these Terms if you are a consumer, not a business. Therefore, you understand that we have no liability to you for any business losses, including loss of profit, loss of business, business interruption, or loss of business opportunity. 10.3 We are only responsible for losses you suffer caused by us breaking these Terms. However, we are not responsible for any loss that is: (n) Unexpected. This means the loss was not, at the time you agreed to these Terms, a reasonably foreseeable consequence of us breaching these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms were entered into, both of us knew it might happen. (o) Caused by a delaying event outside of our control. (p) Avoidable. This means you could have avoided the loss by taking reasonable action. 11 USE OF YOUR PERSONAL INFORMATION Please refer to our Privacy Policy for ways in which we may use your personal information. 12 OTHER IMPORTANT TERMS 12.1 Any contract between you and us is binding on you and us and on our respective successors and assigns. 12.2 You may not transfer, assign or otherwise dispose of any part or all of this contract. 12.3 We may transfer, assign, charge, sub-contract and/or otherwise dispose of part or all of a contract at any time. 12.4 Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 12.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 12.6 We have the right to amend these Terms from time to time. However, each contract will be subject to the Terms that were in force at the time of your order, except to the extent that any change is required by law, regulation or governmental body (whether before or after we give you a Confirmation), or we notify you of any changes to these Terms before we give you a Confirmation. 12.7 These Terms shall be governed by and construed in accordance with the laws of the State of New York and shall be subject to the non-exclusive jurisdiction of the courts of the State of New York. 13 OUR COMPLAINT HANDLING PROCEDURE 13.1 If you have a complaint relating to these Terms or a product, we will attempt to resolve the complaint using our internal complaints-handling procedure