Terms and Conditions
Our Overriding Promise to You
We are committed to making sure that we deal fairly with you at all times and will try and resolve any problem or complaint that you may have in a constructive, helpful and friendly way. We will listen and act promptly to rectify any mistake made by us. We want to provide great customer service. We will not stand by any term or condition should we feel that it would be unfair to do so. We will always take a holistic approach and not unreasonably rely on any term or condition on the odd occasion that we drop the ball.
The Terms and Conditions
The terms and conditions apply to the use of the www.vivalagoon.com website. By placing an order with us, you are agreeing to accept these terms and conditions.
If you have any queries relating to any of our terms and conditions then please do contact Customer Services before placing an order and they will be happy to help you.
Lagoon is the trading name of Viva Lagoon Ltd, 26 York Street, Mayfair, London W1U 6PZB. The following terms and conditions do not affect your statutory rights.
The word “Lagoon” refers to Viva Lagoon Ltd and your contract for purchases made through www.vivalagoon.com is with Viva Lagoon Ltd.
You must be at least eighteen years old to place an order on this site.
You agree to provide to Lagoon when ordering or purchasing goods accurate personal information (such as name, address and contact phone number) and that any credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
You agree that e-mail can be used as a long-distance means of communication.
We hope you will choose to register on our website, as this means you can benefit from some special offers unavailable to unregistered customers. If you do register then you agree not to allow non-family members to use your username to password in order to benefit from discount vouchers or codes that we have given you.
You agree that all goods ordered by you are (i) for your own private and domestic use only or (ii) if for business use that you will let us know that fact should you wish to return goods for any reason.
When placing an order, you agree that the information you are providing us with at the time is accurate and complete.
All orders are subject to acceptance and product availability.
All prices include VAT on any sale to a consumer within the United Kingdom.
No contract for the sale of any product will exist between you and Lagoon until we confirm acceptance of your order by sending you an email (or letter by post if you have not provided an email address).
Our confirmation email will be sent to the email or home address given in your order form and will give full details of the products ordered, payment method, cost (including VAT and P&P) and expected delivery times. Please check that all the details on this confirmation email are correct and contact us as soon as possible if they aren’t.
In the unlikely event that we cannot accept an order then we will send you an email telling you the reasons why.
Any delivery period is approximate, but based on best information. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock unless you ask us to do otherwise.
Please be aware that, if your delivery address is outside of the UK, you may have to pay import duties and taxes, which are levied once a shipment reaches your country. You must pay any additional charges for customs clearance. Please note, customs policies vary widely from country to country and so we recommend that you contact your local customs office for further information.
Please note that international shipments may be subject to cross-border inspections by customs authorities.
Lagoon accepts most major credit/debit cards and payment by Amazon and PayPal. The methods of payment will all be available during the checkout procedure.
Distance Selling Regulations and Returning Goods
If you are in the European Union and cancel an order within 14 days after the day you get your goods then, subject to the three conditions set out in the next sentence, we will be happy to refund the cost of the order and the standard postage and packing costs you paid as part of that order (if any) in accordance with the Distance Selling Regulations. We cannot offer a refund of the order cost or the cost of postage and packing though unless (i) you cancel the whole order and (ii) the goods are returned to us in the same condition as you received them and (iii) the goods were not ordered by us to be manufactured as a result of your order.
If you paid for premium or express delivery when returning the goods to us, then we can only refund the cost of standard delivery. You will have to pay the costs of sending the order back to us. If we agree to allow you to cancel an order after more than 14 days then we will not refund any postage and packing charges.
Cancelling an Order / Returns Procedure on Made to Order or Customised Goods
If goods are to be customised or made to order but you wish to make a change or cancel after placing your order then please contact us as soon as you can. This is because we cannot offer a refund once production starts or make changes to your original specifications after an item has already incorporated the feature you’d like to alter.
If you wish to cancel a product that is to be made to order or customised then we will cancel your order and make a full refund if production of it has not yet started. Unfortunately, once production has started we cannot offer a refund as we remain liable to our manufacturer.
Notification of Cancelling an Order / Returns Procedure
If you have placed an order but wish to cancel it, then we would be grateful if you could try and contact us as soon as possible, as many of our fabulous designs are made and shipped from European countries and this helps us avoid incurring unnecessary costs in shipping to and from foreign countries. This is no way affects your rights to return goods as set out above, but we would appreciate it!
3rd Party Use of Your Shopping Account / Personal Information
You agree that you will be liable should someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
Lagoon will not pass on your personal, credit or debit card details to any third party.
Website Errors and Omissions
We reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We are sorry, but we cannot guarantee to fulfil an order for a product that was advertised at an incorrect price. In practice, we will usually agree to supply a product at an incorrect price if the price difference is negligible. In the event that you order an item and the price published is incorrect for any reason, then we will inform you that we have been unable to accept your order and that it has been cancelled. If you have already paid for the goods then we will refund the full amount. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, then you can choose either that we should make good any shortage or non-delivery, replace or repair any damaged or defective goods or refund to you the amount you paid for the goods in question provided that you notify us of the problem within 14 days of delivery of the goods and return the goods to us. We may inform you that return is not necessary. This provision does not affect your statutory rights.
Goods for Domestic Use
The products sold by Lagoon are manufactured for private domestic and consumer use unless stated to be for contract or business use.
We have taken every measure to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
Acts of God!
We cannot be liable for any delay in the delivery of products that’s outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
All rights, including copyright, in the content of the Lagoon web pages are owned or controlled by Viva Lagoon Ltd. In accessing Lagoon’s web pages, you agree that you may only download the content for your own individual and non-commercial use.
Third Party Information
We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Lagoon products are those stated by us. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party website.
These Terms and Conditions govern our relationship with you and any changes must be in writing and signed by both buyer and seller. In this way, we can avoid any problems surrounding what Lagoon is expected to do. Your statutory rights are unaffected by these terms and conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you agree that the courts of England and Wales shall have exclusive jurisdiction to determine any legal disputes.
13th January 2016