Terms & Conditions
Lucky Devil Terms and Conditions
3 June 2009
Note: for the terms & conditions for Lucky Devil promotions, please click here
The site www.lucky-devil.com ("our site") is operated by Lucky Devil (UK) Limited (“we” or “us”). We are registered in England and Wales under company number 5878984 and with our registered office at 2nd floor, 145-157 St John Street, London, EC1V 4PY, United Kingdom. Our correspondence address is 47A Priory Road, London, NW6 4NS, United Kingdom.
We provide access to our site and offer to sell products to you subject to the terms and conditions set out below.
A. Terms and conditions relating to the use of our site
B. Terms and conditions relating to the sale of products
C. Additional terms and conditions relating to the sale and use of gift certificates
A. Conditions relating to the use of our site
Please read these terms and conditions carefully before using our site. Please also read our Privacy Policy which forms part of these terms and conditions. By using our site, you signify your agreement to be bound by these terms and conditions.
A1. The content of the pages of our site is for your general information and use only. It is subject to change without notice.
A2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
A3. Your use of any information or materials on our site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our site meet your specific requirements.
A4. We do our utmost to ensure that availability of our site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to our site may occasionally be suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
A5. You must not use our site in any way that causes, or is likely to cause, it or access to it to be interrupted, damaged or impaired in any way. You are responsible for all electronic communications and content sent from your computer to us and you must use our site for lawful purposes only.
A6. Unauthorised use of our site may give to a claim for damages and/or be a criminal offence.
A7. Our site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of any of this material, either in whole or in part, for commercial purposes is prohibited without our express permission. You may forward extracts from our site to third parties solely for personal use and recommendations.
A8. From time to time our site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse those site(s). We have no responsibility for the content of the linked website(s).
A9. When you visit our site or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
A10. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This limitation does not limit in any our way our liability by law for death or personal injury caused by our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
A11. We reserve the right to make changes to our site, policies and these conditions at any time. You will be subject to the policies and conditions in force at the time you use our site. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
A12. Your use of our site and any dispute arising out of such use of our site will be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts.
B. Terms and conditions relating to the sale of products to you
This section (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Products including Gift Certificates (Products) listed on our site to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please note that additional terms and conditions apply to the sale and use of Gift Certificates. These are set out in Part C. You should print a copy of these terms and conditions for future reference. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
B1. INFORMATION ABOUT US
1.1 www.lucky-devil.com is a site operated by Lucky Devil (UK) Limited (“we” or “us”). We are registered in England and Wales under company number 5878984 and with our registered office at 2nd floor, 145-157 St John Street, London, EC1V 4PY, United Kingdom. Our correspondence address is 47A Priory Road, London, NW6 4NS, United Kingdom.
B2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) All the details you provide to us for the purpose of purchasing goods or services offered on our site are correct; and
(d) The credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
B3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. If we confirm to you that some but not other Product(s) that you have ordered have been dispatched, those Product(s) that have not been dispatched will not form part of the Contract.
3.3 All orders are subject to acceptance by us and to availability of the Products ordered. We are entitled to refuse any order placed by you for any reason.
B4.OUR STATUS
4.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You can also request a copy of these from us.
B5. CONSUMER RIGHTS
5.1 You may cancel a Contract at any time up to fourteen (14) days after the date that the Product was delivered (Cooling Off Period). To cancel a Contract in this way, you must notify us and the Product(s) must be returned to us within the Cooling Off Period in the same condition in which they were received, unused and in a saleable condition and at your own cost and risk.
5.2 If you cancel a Contract in the Cooling Off Period, you will be entitled to a full refund of the price paid for the Product in accordance with our refunds policy (set out in paragraph 8 below).
5.3 You will not have any right to cancel a Contract for the supply of any Products of a perishable nature including (but not limited to) flowers and food items and any Products made to order or bespoke.
5.4 In the event that you exercise your right to cancel during the Cooling Off Period and the Product has been delivered, you will be responsible for the cost of returning the Product. If you do not actually return the Product to us, you are under a duty to ensure the Product is available for collection at your expense from the address to which they were delivered.
5.5 You must retain possession of the goods whilst awaiting their return to us and take reasonable care of them during this period. You will be liable for any loss of or damage to the goods if you fail to comply with this obligation.
5.6 Details of this right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
B6. DELIVERY, RISK AND TITLE
6.1 The Dispatch Confirmation will provide an indication of delivery time. We make every effort to dispatch goods on time, but we do not accept liability for failure to deliver within the stated time.
6.2 Delivery is deemed to take place when the Products are delivered to the address nominated by you, whereupon the risk of loss, breakage and all damage and all other risks shall pass to you.
6.3 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
B7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include applicable sales tax but exclude delivery costs, which will be added to the total amount due in the shopping basket. Our delivery charges and terms are set out in our Delivery Guide.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment can be made by any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your Product.
7.7 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
B8. REFUNDS
8.1 When you return a Product to us because you have exercised your right to cancel during the Cooling Off Period, or you have notified us in accordance with paragraph 16.2 that you do not agree to any change in these conditions or in any of our policies, we will accept the Product provided that it is returned to us in an unused and saleable condition. We will notify you of your refund via e-mail within a reasonable period of time.
8.2 Where you return a Product to us because you claim the Product is defective, we will examine the returned Product and if we find it to be defective, we will notify you of your refund by e-mail within a reasonable period of time.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
8.4 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you or the person to whom you instruct us to send it and the cost incurred by you in returning the item to us.
8.5 Products returned by you within the Cooling Off Period or following notification in accordance with paragraph 16 that you do not agree to any change in these conditions or in any of our policies will be refunded in full, including the cost of sending the item to you or the person to whom you instruct us to send it. However, you will be responsible for the cost of returning the item to us.
B9. EXCHANGES
9.1 We are happy to exchange any Product(s) for another Product on our site provided that we are notified within seven (7) days of the Product being delivered and the Product is returned to us in an unused and saleable condition within a further seven (7) days.
9.2 You will be responsible for the cost of returning the Product to us and for the cost of sending the replacement Product to you.
9.3 If you choose a replacement Product which is of a higher value than the returned Product, you must pay the difference in price. If you choose a replacement Product which is lower in value than the Returned Product, we will issue you with a credit note for the difference.
B10. OUR LIABILITY
10.1 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
10.2 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not exclude or limit in any way our liability for death or personal injury caused by our negligence, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
B11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
B12. NOTICES
12.1 All notices given by you to us must be given to Lucky Devil (UK) Limited at 47A Priory Road, London, NW6 4NS, United Kingdom. You may either send your notice to us by post to this address or you may e-mail it to us at contact@lucky-devil.com. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter where the letter is posted from within the UK or seven (7) working days after the date of posting of any letter where the letter is posted from outside the UK.
12.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12.1. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter.
12.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
B13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
B14. SEVERABILITY
If any of these conditions or any provisions of a Contract are determined by any court with jurisdiction over the Contract to be invalid, unlawful or unenforceable to any extent, such condition or provision will to that extent be severed from the remaining conditions and provisions which will continue to be valid to the fullest extent permitted by law.
B15. ENTIRE AGREEMENT
15.1 These conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
B16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the terms and conditions in force at the time that you order Products from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
B17. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the English courts.
C. Additional terms and conditions relating to the sale and use of Gift Certificates
This section (together with the documents referred to on it) tells you the terms and conditions on which we supply Gift Certificates for any of the experiences or activities listed on our site to you. These terms and conditions apply in addition to the terms and conditions set out in Part C.
C1. OUR STATUS
1.1 In supplying you with a Gift Certificate for an experience or activity on our site, we are acting as an agent for a third party supplier (Supplier). The name of the Supplier and their contact details will be shown with the Gift Certificate.
1.2 Each Supplier has its own terms and conditions which will apply to the experience or activity to be supplied by them. The Supplier’s terms and conditions will be included with the Gift Certificate but these can also be requested from us at any time.
1.3 While we take every care in choosing our Suppliers, we are not responsible for the management or delivery of any of the experiences or activities as these are managed by our Suppliers.
1.4 We do not accept responsibility for any loss, injury, negligence or disappointment caused by a Supplier.
C2. CERTIFICATES – VALIDITY AND REDEMPTION
2.1 When you purchase a Gift Certificate from us, the Gift Certificate will be sent to you or a Bearer named by you (Bearer).
2.2 The Gift Certificate is evidence of payment for the experience or activity shown on the certificate. Except as specified in the conditions set out in section B, payment is non-refundable. Gift Certificates cannot be exchanged for cash.
2.3 The certificate expiry date will be printed on the Gift Certificate and will usually be 6 months from the date of purchase. The Bearer must make a booking with the Supplier (whose contact details will be shown on the Gift Certificate) before this date or the Gift Certificate will cease to be valid.
2.4 Each Gift Certificate will show a certificate code which must be quoted when making a booking. Gift Certificates and associated references must be kept safely and securely and we take no responsibility for any loss you may incur as a result of certificate theft, impersonation or identity fraud.
2.5 Only original Gift Certificates will be accepted.
C3. CANCELLATIONS
3.1 Cancellations are subject to the Supplier’s terms and conditions.
C4. RESTRICTIONS
4.1 Some of the experiences and activities advertised on our site are subject to minimum or maximum requirements specified by our Suppliers e.g. age, health, height or weight. Where possible, we will specify these on our site. Our Suppliers will confirm at the time of booking if any restrictions apply to the participant. Neither we nor our Suppliers are able to provide a refund if the minimum requirements are not met by the participant. If you are in any doubt as to the requirements for a particular experience or activity, please contact us at contact@lucky-devil.com
C5. DESCRIPTIONS AND IMAGES OF EXPERIENCES AND ACTIVITIES
5.1 The information provided with our Gift Certificates is correct at the time of publication. However, the content or format of experiences or activities may change slightly during the year. Current details of each experience are available on our site or by e-mailing us at contact@lucky-devil.com.
5.2 The images used to illustrate experiences or activities are used as an indication only.
5.3 Session lengths are approximate, vary from venue to venue and are given simply as an indication of the time you will spend at the venue. Unless stated otherwise, the Bearer will be taking turns with other people and there may be waiting time involved.
C6. WEATHER
6.1 Some of the experiences and activities featured on our site are dependent on weather. If an experience or activity is cancelled due to the weather, the Bearer will be able to re-book in accordance with the Supplier’s terms and conditions.
C7. AVAILABILITY
7.1 All experiences and activities are offered subject to availability from the Supplier and in accordance with the Supplier’s terms and conditions.
C8. APPLICATION OF TERMS AND CONDITIONS
8.1 The conditions set out above apply as terms and conditions in relation to the purchase and use of a Gift Certificate, whether or not the person using the Certificate is the original purchaser.