PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE:
As well as reading the following terms and conditions to which you have agreed by using this site, you should also refer to the terms and conditions of each individual seller (Seller) on their home or product pages on this site before making any order.
We amend these Terms from time to time as set out in clause 42. Every time you wish to order Products or, if you are a Seller, log in to check your account, please check these Terms to ensure you understand the terms which will apply at that time as they are binding on you.
These Terms, and any contract between us, are only in the English language.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 Who we are. We operate the website www.looklane.com. We are a company registered in England and Wales under company number 09441493 and with our registered office at 127 Peabody Road, Farnborough, Hampshire, GU14 6EA. Our main trading address is 127 Peabody Road, Farnborough, Hampshire, GU14 6EA. Our VAT number is 230566721. We are a limited company.
1.2 How to contact us. You can contact us by emailing us at [email protected] or by writing to us at 127 Peabody Road, Farnborough, Hampshire, GU14 6EA.
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your registration or with your order.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. CHANGES TO OUR SITE
2.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
2.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
3. ACCESSING OUR SITE
3.1 Whilst visitors may access the site free of charge, in order to [upload Products for sale, purchase one of our Seller’s packages, purchase Products, you must register on our site as a Buyer or Seller]. Registration as a Buyer is free of charge.
3.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
3.3 You are responsible for making all arrangements necessary for you to have access to our site.
4. YOUR ACCOUNT AND PASSWORD
4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
5. INTELLECTUAL PROPERTY RIGHTS
5.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
5.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. NO RELIANCE ON INFORMATION
6.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
6.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
7. LIMITATION OF OUR LIABILITY – USE OF OUR SITE
7.1 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or downloadable content by Sellers to you, which will be set out in our Buyer Terms.
7.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
7.4 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
7.5 If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
7.6 If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.7 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
7.8 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
8. UPLOADING CONTENT TO OUR SITE
8.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
8.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
8.3 Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
8.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
8.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
8.6 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
8.7 The views expressed by other users on our site do not represent our views or values.
8.8 You are solely responsible for securing and backing up your content.
9. RIGHTS YOU LICENCE
9.1 When you upload or post content to our site, you grant us a royalty-free, perpetual, irrevocable, sublicensable, fully paid up, non-exclusive, transferrable, worldwide right to use, display, reproduce, modify, create derivative works from, publish, edit, translate, distribute, store such content alone or as part of other works in any form, media or technology, whether now known or developed in the future to provide our site and services and to promote our site, our services generally, your Products, page or shop, in any formats and through any channels, including (without limitation) across any of our services or third party website or advertising medium. Our licence in any content posted, including personal information posted for public reference, includes use for promotions, advertising, marketing, market research, Seller feedback, quality control or any other lawful purpose.
10.1 We do not guarantee that our site will be secure or free from bugs or viruses.
10.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
10.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11. LINKING TO OUR SITE
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.3 You must not establish a link to our site in any website that is not owned by you.
11.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
11.5 We reserve the right to withdraw linking permission without notice.
11.6 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
11.7 If you wish to make any use of content on our site other than that set out above, please contact [email protected]
12. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
12.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
12.2 We have no control over the contents of those sites or resources.
13. TRADE MARKS
13.1 “Look Lane” is an unregistered trade mark of Look Lane Limited.
14. SELLER SERVICES
14.1 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
14.2 All Product information and descriptions are supplied and uploaded by the Seller. We cannot be held liable for any errors or omissions that may arise, or be responsible for any negligence in relation to information on or accessible from this website.
14.3 We make no warranty or representation about the fitness or suitability of any Product advertised on our site.
15. USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
16. HOW WE USE YOUR PERSONAL INFORMATION
17. IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.
17.1 If you are a consumer, you may only purchase Products from our site or register as a Seller if you are at least 18 years old.
18. IF YOU ARE A BUSINESS
This clause 18 only applies if you are a business.
18.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products or register as a Seller.
19. OTHER IMPORTANT TERMS
19.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.2 Except the Buyer, the Seller and us, no other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.4 If we fail to insist that you perform any of your obligations under these Terms, 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.
19.5 If you are a consumer, please note that these Terms are governed by English law. This means a contract for the purchase of Products through our site and a Seller contract for the supply of the Website Services and any dispute or claim arising out of or in connection with them will be governed by English law. You and we agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.6 If you are a business, a contract formed under the Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).
19.7 We will not file a copy of any contract between us.
20. HOW THE CONTRACT IS FORMED
20.1 For the steps you need to take to make a order on our site, please see our Buyer FAQs page.
20.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
20.3 After you make an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 20.4.
20.4 When a Seller accepts your order, we will confirm their acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Confirmation Email). The contract between you and the Seller (Contract) will only be formed when we send you the Confirmation Email.
20.5 If the Seller is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because the Seller cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 24.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
20.6 From the point at which you make your order, we act solely as an intermediary between you and the Seller, transmitting the details of your order to the Seller and sending you a Confirmation Email for and on behalf of the Seller.
21. TERMS OF YOUR SELLER
21.1 Your order is subject also to the terms and conditions of the Seller. In the event of a conflict between these Terms and the Seller’s terms and conditions, these Terms shall prevail. Full details are available from your Seller.
22. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This clause 22 only applies if you are a consumer.
22.1 You can always end your contract with the Seller. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how the Seller is performing and when you decide to end the contract:
- 22.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or a service re-performed or to get some or all of your money back);
- 22.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 22.2;
- 22.1.3 If you have just changed your mind about the Product, see clause 22.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products;
- 22.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 22.6.
22.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 22.2.1 to 22.2.5 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:
- 22.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 42)
- 22.2.2 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;
- 22.2.3 there is a risk that supply of the Products may be significantly delayed because of events outside our control;
- 22.2.4 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
- 22.2.5 you have a legal right to end the contract because of something we have done wrong.
22.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
22.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
- 22.4.1 made to measure, bespoke or personalised items;
- 22.4.2 digital Products after you have started to download or stream these;
- 22.4.3 services, once these have been completed, even if the cancellation period is still running;
- 22.4.4 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- 22.4.5 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- 22.4.6 any products which become mixed inseparably with other items after their delivery.
22.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
- 22.5.1 Have you bought digital content for download or streaming (for example crochet patterns in electronic form )? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- 22.5.2 Have you bought goods?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(a) Your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
(b) Your Products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
22.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 22.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the Product is delivered, downloaded or streamed and paid for. A contract for services is completed when the Seller has finished providing the services and you have paid for them. If you want to end a contract before it is completed where neither we nor the Seller are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
23. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
23.1 Tell us you want to end the contract. To end the contract with a Seller, please let the Seller know by contacting them directly on their shop page or:
- 23.1.1 Online. Complete the form on our website.
- 23.1.2 By post. Use the return form supplied by your Seller and post it to the Seller at the address on the form. Or simply write to the Seller at that address, including details of what you bought, when you ordered or received it and your name and address.
23.2 Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to the Seller. You must either return the goods in person to the Seller, post them back to the Seller at the address on the Confirmation Email or (if they are not suitable for posting) allow the Seller to collect them from you. Please call or email the Seller using the details on their shop page for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling the Seller you wish to end the contract.
23.3 When the Seller will pay the costs of return. The Seller will pay the costs of return:
- 23.3.1 if the Products are faulty or misdescribed; or
- 23.3.2 if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control (or the control of the Seller) or because you have a legal right to do so as a result of something we or the Seller have done wrong.
- 23.3.3 if you are exercising your right to change your mind. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
23.4 What the Seller charges for collection. If you are responsible for the costs of return and the Seller is collecting the Product from you, the Seller will charge you the direct cost to the Seller of collection. The Seller will inform you of these charges.
23.5 How we will refund you. The Seller will refund you the price you paid for the Products including delivery costs. However, the Seller may make deductions from the price, as described below.
23.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- 23.6.1 The Seller 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 the Seller refunds you the price paid before the Seller is able to inspect the Products and later discovers you have handled them in an unacceptable way, you must pay the Seller an appropriate amount.
- 23.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method the Seller offers. For example, if the Seller offers 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 the Seller will only refund what you would have paid for the cheaper delivery option.
23.7 When your refund will be made. The Seller will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- 23.7.1 If the Products are goods and the Seller has not offered to collect them, your refund will be made within 14 days from the day on which the Seller receives the Product back from you or, if earlier, the day on which you provide the Seller with evidence that you have sent the Product back to the Seller. For information about how to return a Product to the Seller, see clause 23.2.
- 23.7.2 In all other cases, your refund will be made within 14 days of your telling the Seller you have changed your mind.
23.8 Because you are a consumer, the Seller is under a legal duty to supply Products that are in conformity with the contract. 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 your right of return and refund in this clause 22 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
24. PRICE OF PRODUCTS AND DELIVERY CHARGES
24.1 The prices of the Products will be as quoted on our site at the time you submit your order. We and our Sellers take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 24.5 for what happens if we discover an error in the price of Product(s) you ordered.
24.2 Prices for Products may change from time to time, but changes will not affect any order you have already placed.
24.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
24.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to the Seller’s delivery charges page.
24.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we or the Seller discover an error in the price of the Products you have ordered we or the Seller will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
25. HOW TO PAY
25.1 You can only pay for Products using PayPal, debit card or credit card. We accept the following cards: Mastercard, Eurocard, Visa, Delta, Electron, Discover, American Express and Maestro.
25.2 Payment for the Products is in advance via our site.
26. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
26.2 Our registration process allows you to check and amend any errors before submitting your registration to us. Please take the time to read and check your registration at each page of the process.
26.3 After you register, you will receive an e-mail from us acknowledging that we have received your registration. However, please note that this does not mean that your registration has been accepted. Our acceptance of your registration will take place as described in clause 26.4.
26.4 When we accept your registration, we will confirm our acceptance to you by sending you an e-mail (Seller Confirmation). The contract between you and us (Seller Contract) will only be formed when we send you the Seller Confirmation.
26.5 If we are unable to supply you with the Website Service, we will inform you of this by e-mail and we will cancel your registration.
26.6 From the point at which you register, we act solely as an intermediary between you and the Buyer, transmitting the details of their order to you and sending a confirmation email for you and on your behalf to the Buyer.
27. APPLICABLE TERMS
27.1 It is a condition of these Terms that Sellers must be business users and you confirm that you are acting for purposes within your trade, business, craft or profession.
27.2 You acknowledge and agree that the Buyer Terms shall apply to your Contract with a Buyer and that the Terms apply to your use of the Website Service. You shall comply with the Terms and shall do all such things as we require to enable us to comply with any obligations we may have under the Terms.
27.3 Orders are subject also to your own terms and conditions. In the event of a conflict between these Terms and your terms and conditions, these Terms shall prevail. You shall provide full details to the Buyer.
28. HANDMADE POLICY
28.1 It is a condition of our contract with you that all items you offer for sale on our site must have an element that is handmade, but, can be made for you by a member of your team or by a small scale manufacturer based on an original design by you.
28.2 All Products that you offer for sale on our site must be of a high quality and not bring the site, Look Lane Limited or any of its trade marks into disrepute.
29. CANCELLATION RIGHTS
29.1 We may have to cancel your registration, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the Website Services. We will promptly contact you if this happens.
29.2 We may cancel the contract for the Website Services at any time by providing you with at least 30 calendar days’ notice in writing.
29.3 We may cancel the contract for Website Services at any time with immediate effect by giving you written notice if you break the Seller Contract in any material way and you do not correct or fix the situation within 30 days of us asking you to in writing.
29.4 You may cancel the contract for the Website Services at any time by providing us with notice in writing of at least 7 clear calendar days’ prior to your next payment date. Your cancellation will take effect on the next payment date following the expiry of your 7 clear day notice period and we will not take the monthly fee payable on the next payment date. Commission shall continue to be payable on all orders for your Products on our site.
30. PROVIDING SERVICES
30.1 Our Website Services include hosting of the online store, messaging services, marketing services and other related services, depending on the package of Seller services for which you register. We will supply the Website Services to you from the date your registration is accepted by us until you close your account. You shall not close your account if you have outstanding orders paid in full.
30.2 We will need certain information from you that is necessary for us to provide some of our Website Services. We will contact you in writing about this or ask you to submit this information via our site. If you do not, after being asked by us, provide us with this information or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend your access to the Website Services (we may give you written notice). We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked.
30.3 We may have to suspend access to the Website Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
30.4 If you downgrade the package of Website Services for which you have registered, you may experience a loss of content, features or capacity of your account and we will not be liable for any loss or damage you may suffer arising from the downgrade.
31. PRICE OF PRODUCTS
31.1 You shall ensure that the prices of Products are correct at the time when you enter the relevant information onto the system.
31.2 You shall quote prices inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. If VAT is applicable, you are responsible for payment of VAT and you shall reimburse us for any claims, costs or expenses we incur arising from your failure to pay VAT.
32. FEES, COMMISSION AND PAYMENT
32.1 In this clause, the following definitions shall apply:
Net Income: the payments made to us by a Buyer for the Products for an order, less any applicable value added tax or other sales tax on them.
32.2 You shall pay the fees set out on the Choose a Package page.
32.3 We reserve the right to increase our fee rates, provided that such charges cannot be increased more than once in any 12 month period. We will give you written notice of any such increase 2 months before the proposed date of the increase. If such increase is not acceptable to you, you shall notify us in writing within 2 weeks of the date of our notice and we shall have the right without limiting our other rights or remedies to terminate the contract by giving 2 weeks’ written notice to you.
32.4 We will be entitled to commission if a Buyer makes an order for your Products through our site.
32.5 The amount of commission payable to us shall vary by package, shall be a percentage of the Net Income and the level is set on the Choose a Package page (Commission). We will deduct the Commission and any applicable value added tax or other applicable sales tax from the amount you owe us in respect of the Products.
32.6 We shall promptly notify you in writing of the following:
- 32.6.1 a order for your Products via our site;
- 32.6.2 receipt of payment for such Products,
no later than 24 hours after we take an order.
32.7 We will pay you the Net Income less our Commission within 14 days of receipt by us of payment from the Buyer. We will pay you by PayPal, as indicated by you on your account.
32.8 If any dispute arises as to the amount of Commission due to us, it shall be referred to our auditors for settlement and their decision, except in the case of manifest error, shall be final and binding on both parties.
33. CONSUMER RIGHTS
33.1 In respect of returns from Buyers:
- 33.1.1 You, as Seller, shall accept delivery of all returns from Buyers and shall notify us on receipt of such returns or notification thereof, quoting the order number and the full details;
- 33.1.2 You, as Seller, shall process all returns from Buyers and shall pay to the Buyer such sums in refund as determined under these Terms; and
- 33.1.3 The parties shall account to each other in respect of such refunds as set out in this clause 33.
33.2 If the End Customer has returned the Product to the Seller because it is faulty or mis-described, we retain our Commission.
33.3 You, as Seller, acknowledge that the Buyer has certain rights of cancellation under applicable legislation and, if the Buyer exercises its rights of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (Regulations), and shall notify us of such cancellation.
33.4 If the Buyer cancels an order under its consumer rights referred to in clause 33.3:
- 33.4.1 You shall pay to the Buyer a full refund of the price paid for the Products, in accordance with the Regulations.
- 33.4.2 upon receipt of notification under clause 33.3, we will refund the Commission deducted for the order.
34. YOUR STORE
34.1 You are solely responsible for creating your shop using our site’s applications and software, including creating, managing, editing, reviewing, deleting and otherwise controlling the content of your shop.
34.2 You shall:
- 34.2.1 process and fulfil Buyer orders generated through your shop;
- 34.2.2 handle all Buyer complaints and queries regarding your shop and your Products and orders received for your Products;
- 34.2.3 ensure the accuracy and completeness of the information regarding and descriptions of your Products.
34.3 We will make certain order fulfilment services available to Sellers, such as payment verification and processing. Some of these services may be available through third party vendors, such as Paypal, and your relationship with the third party vendor will be subject to a separate agreement between you and the applicable vendor. We are not responsible for the provision of the service by such third party vendor or the non-performance or delay of the vendor.
35. RESTRICTED ACTIVITIES
35.1 You agree not to publish, offer for sale, sell or otherwise distribute any of the following items on, through or connected with your store on our site:
- Digital files that you do not own or have all necessary rights or license to store, display, perform, copy and distribute;
- Event tickets;
- Hazardous, restricted or perishable items;
- Animals, animal products, plants and seeds;
- Charitable services or goods and fundraising;
- Currency and stamps;
- Used items, such as washed clothing and bedding, and unused cosmetics; or
- Adult items or pornography.
35.2 You must obtain our prior written approval to publish, offer for sale, sell or otherwise distribute Products containing alcohol on, through or connected with your store.
35.3 We reserve the right to prohibit the use of the Website Services for any purpose that it decides, in its absolute discretion and without assigning a reason therefor, is objectionable or poses unacceptable risks.
Sellers and Buyers – additional Terms
36. SUSPENSION OF SERVICES
36.1 We may have to suspend access to the [Website Services] if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
37. YOUR DEFAULT
37.1 You shall reimburse us for all liabilities, costs, expenses, damages and losses we incur arising out of or in connection with your failure to comply with any of your obligations under the Terms.
38. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 38 only applies if you are a business.
38.1 We only supply the Website Services or Products (as the case may be) for internal use by your business.
38.2 Nothing in these Terms limit or exclude our liability for:
- 38.2.1 death or personal injury caused by our negligence;
- 38.2.2 fraud or fraudulent misrepresentation; or
- 38.2.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
38.3 Subject to clause 38.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising in connection with the Website Services for:
- 38.3.1 any loss of profits, sales, business, or revenue;
- 38.3.2 loss or corruption of data, information or software;
- 38.3.3 loss of business opportunity;
- 38.3.4 loss of anticipated savings;
- 38.3.5 loss of goodwill; or
- 38.3.6 any indirect or consequential loss.
38.4 Subject to clause 38.2 and clause 38.3, our total liability to you in respect of all other losses arising under or in connection with the contract with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Website Services or Products (as the case may be).
38.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products or the Website Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products or Website Services, as the case may be, are suitable for your purposes.
39. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 39 only applies if you are a consumer.
39.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
39.2 Products supplied on our site are for domestic and private use. You agree not to use the Products for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
39.3 We do not in any way exclude or limit our liability for:
- 39.3.1 death or personal injury caused by our negligence;
- 39.3.2 fraud or fraudulent misrepresentation;
- 39.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 39.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- 39.3.5 defective products under the Consumer Protection Act 1987.
40. EVENTS OUTSIDE OUR CONTROL
40.1 Neither we nor the Seller 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 40.2.
40.2 An Event Outside Our Control means any act or event beyond a party’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or 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.
40.3 If an Event Outside Our Control takes place that affects the performance of a party’s obligations under a Contract:
- 40.3.1 the affected party will notify the other parties as soon as reasonably possible; and
- 40.3.2 the obligations of the affected party under a contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control.
40.4 You may cancel a contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products or Website Services you have already received and we will refund the price you have paid, including any delivery charges.
41. COMMUNICATIONS BETWEEN US
41.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
41.2 If you are a consumer you may contact us as described in clause 1.2. If you are exercising your right to cancel under clause 22 or clause 28, please see that clause 22 or clause 28 for how to tell us this.
41.3 If you are a business:
- 41.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- 41.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- 41.3.3 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.
- 41.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
42. OUR RIGHT TO VARY THESE TERMS
42.1 We may revise these Terms from time to time in the following circumstances:
- 42.1.1 changes in how we accept payment or charge you; and
- 42.1.2 changes in relevant laws and regulatory requirements
42.2 Every time a Buyer buys Products or you register with us or a Seller registers for Website Services, as the case may be, the Terms in force at that time will apply to orders or registrations and to the contract between the Buyer and the Seller and between Buyers and Sellers and us.
42.3 Whenever we revise these Terms in accordance with this clause 42, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
43. OTHER IMPORTANT TERMS
43.1 We may transfer our rights and obligations under a Seller Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
Thank you for visiting our site.
LOOK LANE LIMITED: NOTICE & TAKEDOWN PROCEDURE – DEFAMATORY CONTENT
Statements that are true or that reflect an honest opinion (e.g. negative review) are not usually themselves a basis for defamation. You should carefully consider the facts before you make a claim (and take legal advice if in doubt), as a false claim may expose you to liability.
Warning: Any statement you make may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
If you wish to notify Look Lane Limited of an allegedly defamatory statement contained on this website please complete the ‘Notice to Look Lane Limited of Defamatory Content’ below and send a signed and dated copy to:
127 Peabody Road
You must also include a postal address, your daytime telephone number and an email address so that we may respond to the Notice.
Notice to Look Lane Limited of Defamatory Content
I [state your full name] of [state your postal address, daytime telephone number and email address], say as follows:
- I refer to the website www.looklane.com (the “Website”) and now give notice to Look Lane Limited that via its Website it is causing or contributing to the publication of a defamatory statement.
- The relevant statement appears on the Website at [please cut and paste the posting in which the relevant statement appears and the address of the relevant web page from the Website where the defamatory words appear].
- The words I consider to be defamatory are: [please repeat the exact words appearing on the Website which you are complaining about].
- I submit that these words are defamatory because [please state why you consider these words to be defamatory].
- The defamatory words are untrue because [please state why the words complained of are untrue and what you believe the true position is].
- [If the person making the statement is acting on behalf of the claimant, please include the following statement: I am authorised to act on behalf of the claimant. The [person/entity] claiming that words are defamatory is [please state the name and address of the person/entity] (“Complainant”). I am [please explain the relationship of the signatory to the Complainant]].
I declare that the above claim is true, and understand that this notice may be used in any subsequent court proceedings relating to the above defamation complaint.
LOOK LANE LIMITED: NOTICE & TAKEDOWN PROCEDURE – INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
If you believe that work or material has been dealt with in a way which constitutes an infringement of your intellectual property rights, please notify Look Lane Limited by using the following ‘Notice to Look Lane Limited of Intellectual Property Rights Infringement’.
We reserve the right to ask for verification of your identity and to seek further information from you to clarify the basis of your claim. Please note that we may not be able to investigate claims that are anonymous or incorrectly addressed or do not provide sufficient information in the form of the Notice set out below. We will use reasonable efforts to identify allegedly infringing content, but cannot be responsible where you have failed to provide all relevant facts or where these facts cannot be ascertained.
Warning: Any statement you make may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
If you wish to notify Look Lane Limited of an alleged intellectual property right infringement contained on this website please complete the ‘Notice to Look Lane Limited of Intellectual Property Rights Infringement below and send a signed and dated copy to:
127 Peabody Road
You must also include a postal address, your daytime telephone number and an email address so that we may respond to the Notice.
Notice to Look Lane Limited of Intellectual Property Rights Infringement
I [state your full name] of [state your postal address, daytime telephone number and email address], say as follows:
- I refer to the website www.looklane.com (the “Website”) and now give notice to Look Lane Limited that the content of your Website as identified below is infringing or contributing to an infringement of intellectual property rights.
- The work in which intellectual property rights are claimed is [please clearly identify and describe the material or work(s) claimed to be infringed] (the “Work”).
[Note: Please specify the intellectual property right being infringed – e.g. copyright; patent; trademark; design right; and give details of relevant registrations if available.]
- The material which is claimed to infringe the Work (“Infringing Material”) is [please clearly identify and describe the alleged infringing material or work(s)].
- The Infringing Material appears on the Website at [please cut and paste the address of the relevant web page from the Website where the infringing material appears].
- The use of the Infringing Material described in paragraph 4 infringes [my rights] [or] [the rights of the Complainant] [delete as appropriate] in the Work and is not authorised by the owner of the rights, its agent(s) or the law.
- [I am] [or] [I am authorised to act on behalf of] the owner of an exclusive right in the Work that is claimed to be infringed. [If the person making the statement is acting on behalf of the claimant please include the following statement: The [person/entity] claiming that its rights in the Work have been infringed is [please state the name and address of the person/entity] (“Complainant”). I am [please explain the relationship of the signatory to the Complainant].
I declare the above claim to be true and understand that the above claims may be used in any subsequent court proceedings relating to the above complaint of infringement.