Terms Of Sale


THESE TERMS OF SALE APPLY, WHEN YOU MAKE ANY PURCHASE FROM US INCLUDING THROUGH OUR WEBSITE. PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING. 

 

TERMS OF SALE

 

 1. INTRODUCTION

The terms “we,” “us” and “our” refer to Lovelda Limited. The terms “Website” or “Site” refers to https://www.lovelda.com/ as well as other social media platforms linked on the Website including Facebook, Instagram and Twitter operated by us. The terms “you,” and “your” refer to any client of our Services (“Client”) and / or customer of our Products (“Customer”), whether personal or business entities, and include, but are not limited to, your agents, representatives, contractors, affiliates, and employees. 

Thank you for choosing to purchase from us. Our Products and Services are offered for sale in accordance with English law. It does not warrant that our Products and Services will satisfy the laws of any jurisdiction other than England and Wales.


2. ACCEPTANCE OF THE TERMS

These Terms of Sale (“Terms”) apply to all Clients, Customers, and any party making a purchase on our Website or by other methods. By engaging our offered services (“Services”), purchasing any products which we have for sale (“Products”) and / or requesting information regarding our Products and Services, you agree to have read and to be bound by these Terms without modification. 

You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you at the time of your purchase.

We may change or amend the Terms at any time. Any changes to the Terms will be posted on our Website, and (if applicable) displayed at the time of your purchase, and will be effective when published unless otherwise stated. If you engage our Services or purchase our Products after the effective date of any changes, you therefore agree to comply with the changes and the updated Terms.

We take your privacy seriously and any information which you provide (knowingly or unknowingly) through your purchase is subject to our Privacy and Cookie Policy which is incorporated into these Terms. We do not sell or licence your Personal Data to third parties for their own marketing or commercial purposes, unless you provide your express prior consent. 

By purchasing a Product or Service from us, you are entering into a contract with us although this does not create a fiduciary relationship between us. For certain Products or Services, you may also be issued with a separate set of terms and conditions that will specifically govern those Products or Services in addition to the application of these Terms. 

 

3. CAPACITY 

To engage in our Services or purchase our Products, you must be 18 years or not considered a minor in your country of residence for the purposes of entering into a contract, whichever is older, and have the capacity to understand these Terms.


4. PAYMENT TERMS

You may engage the Services or purchase the Products through the Website or by other methods. In your engagement of the Services or purchase of the Products, you will agree that advance payment in full of the stated purchase price or the relevant payment plan instalment shall be payable upon receipt of our invoice or upon arriving at the payment page on the Website, unless stated otherwise. Payment must be received before the relevant part of the Service engagement can take place or the Product is delivered. 

If a payment plan has been agreed the details of it can be found in our confirmation or agreement (as may be applicable) for the applicable Product or Service. Payment of the first instalment or deposit must be received before the first Service engagement can take place or the agreed Product is delivered. Any balance plus additional fees, charges or expenses (except as specified in this section) is payable in accordance with our confirmation or agreement (as may be applicable) unless stated otherwise. 

We are entitled to charge you interest at the rate of 10% per annum, calculated daily. Any costs we incur in taking steps to enforce payment terms against you will be recoverable and payable by you.

The fee is to be paid to us by the available payment options of bank transfer, Stripe or PayPal (“Payment Gateway Provider”) subject to applicable further terms imposed by the Payment Gateway Provider from time to time. Once the full purchase price is received by us, we shall provide a receipt to you and confirm how you will receive the Product or Service purchased, as applicable.

If you elect to pay by credit card a surcharge levied by the Payment Gateway Provider may be payable and will be added to the final bill payment.

You shall familiarise yourself with, and agree to also be bound by, the applicable terms and privacy policy of the applicable Payment Gateway Provider.

5. RETURNS, CANCELLATIONS AND REFUNDS

At the time of your purchase, you will confirm your express consent to receiving access to our Products or Services instantly. if you are sent a direct access or download link (whether to a Product or a Service) at the point of purchase, no refunds will be available.

Following your payment for the Products or Services (except for the circumstances described in the paragraph above), you will have 14 calendar days during which you may request a refund of your payment without incurring any cost except the banking transaction costs (the “Cooling-Off Period”). During the Cooling-Off Period and following written confirmation of your refund, you will be entitled to the return of your payment (excluding an administrative fee, if applicable). Following expiry of the Cooling-Off Period, the payment will not be refundable. 

Any damaged or defective Product must be returned to us immediately upon discovery of such damage or defect. We exclude all liability arising from the use of such damaged or defective Product which may arise, whether directly or indirectly, from your failure to immediately return such item to us.

All our Services are non-refundable, except where properly rescheduled or cancelled no later than 48 hours before the scheduled session (if applicable). If you wish to terminate your involvement in a course with a fixed duration earlier than the conclusion date, all paid amounts for any Services pending and / or the remaining duration will not be refunded. You will forfeit any paid amounts if you are unable to or do not attend any sessions which are scheduled, except where you have properly rescheduled or cancelled your session no later than 48 hours before the scheduled session. 

If a payment plan has been agreed, upon your earlier cancellation we reserve the right to immediately collect all outstanding amounts of the purchase price without notice by charging your designated payment method, and to terminate your access to our Services from the point of your cancellation. We remain the owner of any Products we supply to you until you have paid all amounts owed to us in full. The Products are at your risk as soon as they leave our premises for delivery to you. 

If any applicable legislation implies any condition or warranty, and such legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed to be included, save that our liability will be limited to a breach of that condition or warranty to the following to be determined at our sole election:

(a) if the breach relates to Products, the replacement or repair of the Products, or payment of the cost of replacing the Product or of acquiring equivalent products;

(b) if the breach relates to Services, the resupply of the Services again or the payment of the cost of having the Services supplied again; or

(c) a full refund of the price paid for such Product or Service.


6. DISCLAIMER

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Product or Service or on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

You are solely responsible for creating and implementing your own decisions and actions relating to your professional, business, financial, physical, mental and / or emotional state based on the Products and Services we offer. We have no obligation to you if the Products and Services do not lead to your desired results. 

We will not be liable to you in respect of any effects on you or your business as a direct or indirect result of our Products or Services, including (without limitation) loss of or damages relating to revenue, profits, income, use, production, anticipated earnings or savings, contracts, commercial or business opportunities, or goodwill.


7. NO WARRANTIES

All our Services and Products are offered to you "as is where is" and on an "as available" basis, without warranty or condition of any kind. 

While we use our best efforts and take reasonable steps to help you achieve your desired result, we make no guarantees or representations that our Products or Services will meet your requirements or that you will achieve similar results as any of our other Clients or Customers. 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.

 

8. INTELLECTUAL PROPERTY AND COPYRIGHT 

The Products or Services offered to you are subject to copyright, trademarks and other forms of proprietary rights. Our Products or Services are protected by copyright under English law and subject to our rights under applicable international treaties. Unless otherwise indicated, all rights to “Intellectual Property” (including copyright trademarks and other forms of proprietary rights) in our content, documents, materials, products and compilation of our Products or Services (including text, images, graphics, logos, button icons, video images, audio clips, podcasts and software) are owned or controlled by us for these purposes, and are reserved by us or our contributors.

We retain all rights, title and interest in and to the Products or Services and all related content. Nothing you do on or in relation to the Products or Services will transfer to you any of our Intellectual Property, including but not limited to:

(a)    our business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or

(b)   the right to use or exploit our business name, trading name, domain name, trade mark or industrial design; or

(c)    our system or process that is the subject of a patent, registered design or copyright (including an adaptation or modification of such a system or process).

You may not, without our prior written permission and the permission of any other third party rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or any third party content for any purpose. This prohibition excludes materials which are available for re-use or are in the public domain.

The Products or Services may use free stock photography as part of design. All stock images used come with an irrevocable, non-exclusive copyright license to download, copy, distribute, use and / or modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer. 

Certain product and company names mentioned in our Products or Services or material displayed on them may be intellectual property belonging to third parties. We do not warrant or represent that if you use such material, you will not infringe the legal rights of these third parties.

If you believe that your intellectual property rights are being violated or that any work which is your property has been reproduced in our Products or Services or in any content in any way, you may notify us at letschat@lovelda.com. Please provide your name and contact information, the nature of your work and how you believe it is being violated, all relevant copyright and / or trademark registration information, the location i.e. URL of the violation, and any other information you reasonably believe is relevant.


9. LIMITATION OF LIABILITY

The total liability that we may owe to you from any cause whatsoever, will be limited to the lesser of your actual damages or the price paid to us for any Products purchased or Services contracted through any means. 

In no event will we be liable for special, direct, indirect, consequential, or incidental damages, including but not limited to loss of profits, revenues, data, or damage to or loss from the use of the Products, damage to property, claims of third parties, including personal injury or death, suffered as a result of provision of the Products or Services whether at common law, under warranty, contract, tort (including negligence), in equity, pursuant to statute or otherwise, notwithstanding that we may have been advised of the possibility of such damages or losses. 

All claims against us must be brought within one year after the cause of action arises, and we waive any statute of limitations which might apply by operation of law or otherwise, to the extent permissible.


10. INDEMNIFICATION

You agree to indemnify and hold us and each of our officers, representatives, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including legal fees, arising out of or relating to (i) your breach of these Terms, (ii) any violation by you of law or the rights of any third party, (iii) any unauthorised reproduction or distribution of materials, information, works and/or other content of whatever nature or media that you post or share which is in our control or owned by us, (iv) your use of the Products or Services that we may provide through any means, and (v) your conduct in connection with the Products or Services or with other users of the Products or Services. We reserve the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this clause. In such an event, you shall provide us with such cooperation as we may reasonably request.


11. LAWFUL USE ONLY

Our Services and Products shall be purchased for lawful purposes only. You agree to use our Products and / or Services for legitimate and non-commercial purposes only. In engaging our Services and using our Products you shall not introduce any material which violates or infringes our rights or those of others, or material that is threatening, abusive, defamatory, profane, obscene, invasive, or which may reasonably incite or induce criminal or illegal activity or that would give rise to civil liability or otherwise breach any law.


12. GOVERNING LAW AND JURISDICTION

The provisions of these Terms are for our benefit, and those of our subsidiaries, affiliates and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. Except as expressly stated in these Terms, none of the Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise, by any person or entity who is not a party to it. 

The Terms shall be governed by and construed in accordance with English laws, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the English courts. 

In the event of any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination, the parties shall at first instance take reasonable efforts to settle and resolve such disputes in good faith and in an amicable manner by negotiation.

These Terms may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Last Updated: 23rd January 2024