Terms and Conditions

OVERVIEW

This website is operated by EcomFern, trading as Lottie & Faye Manchester. Throughout the website, the terms “we”, “us” and “our” refer to EcomFern, trading as Lottie & Faye Manchester.

EcomFern, trading as Lottie & Faye Manchester, provides this website, including all information, tools and services available through it, to you, the user, subject to your acceptance of all the terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you use our “Service” and agree to be bound by these Terms of Service, including any additional terms, conditions and policies referenced in this document or made available by hyperlink.

These Terms of Service apply to all users of the website, including, without limitation:

  • Visitors

  • Customers

  • Suppliers

  • Merchants

  • Vendors

  • Content providers

Please read these Terms of Service carefully before accessing or using our website.

By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions contained in this agreement, you must not access the website or use any of its services.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the website will also be subject to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, amend, or replace any part of these Terms of Service by publishing updates or changes on our website.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are of legal age in your country or place of residence.

You also confirm that, where applicable, you have permitted us to allow any minor dependants in your care to use this website.

You must not use our products or services for any illegal or unauthorised purpose.

When using our Service, you must not breach any applicable laws in your jurisdiction, including, without limitation, copyright laws.

You must not transmit any worms, viruses, malware or code of a destructive nature.

A breach or violation of any of these Terms of Service may result in the immediate termination of your access to our Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time and for any lawful reason.

You acknowledge that your content, excluding payment-card information, may be transferred without encryption and may:

  1. Be transmitted across different networks; and

  2. Be modified to meet the technical requirements of connecting networks or devices.

Payment-card information is always encrypted when transmitted across networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit:

  • Any part of the Service

  • Your use of the Service

  • Your access to the Service

  • Any contact made through the website through which the Service is provided

You may only do so with our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is inaccurate, incomplete or out of date.

The material on this website is provided for general information only. It should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete or up-to-date sources of information.

Any reliance on material provided on this website is at your own risk.

This website may contain historical information. Historical information is not necessarily current and is provided for reference purposes only.

We reserve the right to change the contents of this website at any time. However, unless required by law, we are under no obligation to update any information on our website.

You agree that it is your responsibility to monitor our website for changes.

SECTION 4 – CHANGES TO SERVICES AND PRICES

The prices of our products may change without notice.

We reserve the right to modify, suspend or discontinue the Service, or any part or content of it, at any time without notice.

To the fullest extent permitted by law, we will not be liable to you or any third party for any:

  • Modification to the Service

  • Price change

  • Suspension of the Service

  • Discontinuation of the Service

Formation of the Contract

The presentation of products in our online shop does not constitute a legally binding offer. It represents a non-binding online catalogue.

By clicking the “Buy”, “Pay Now” or “Complete Order” button, you submit an offer to enter into a purchase agreement with us.

After submitting your order, you will receive an automated email confirming that we have received it.

This confirmation email does not necessarily constitute acceptance of your order or formation of the purchase agreement.

We reserve the right to accept or reject your order in accordance with these Terms of Service and applicable law.

Warranty

All statutory warranty rights that apply to your purchase remain unaffected.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website.

These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.

We have made every reasonable effort to display the colours and images of our products as accurately as possible.

However, we cannot guarantee that the colours displayed on your device or monitor will be completely accurate.

We reserve the right, but are not obliged, to limit the sale of our products or services to any:

  • Person

  • Household

  • Geographic area

  • Country

  • Jurisdiction

We may exercise this right on a case-by-case basis.

We also reserve the right to limit the quantities of any products or services we offer.

All product descriptions and prices may be changed at any time without notice and at our sole discretion.

We reserve the right to discontinue any product at any time.

Any offer for a product or service made through this website is void where prohibited by law.

We do not guarantee that the quality of any products, services, information or other material purchased or obtained through the Service will meet your expectations.

We also do not guarantee that every error in the Service will be corrected immediately.

Our products may be dispatched directly to customers by our suppliers in Asia.

Any customs-clearance charges, import duties, taxes or similar charges that are not included at checkout are the responsibility of the customer, unless applicable law provides otherwise.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us.

At our sole discretion, we may limit or cancel quantities purchased:

  • Per person

  • Per household

  • Per customer account

  • Per payment card

  • Per billing address

  • Per delivery address

  • Per order

These restrictions may apply to orders placed using the same customer account, payment card, billing address or delivery address.

If we change or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed.

We reserve the right to restrict or refuse orders that we reasonably believe have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our website.

You agree to promptly update your account and other information, including your:

  • Email address

  • Billing address

  • Delivery address

  • Payment-card details

  • Payment-card expiry date

This allows us to complete your transactions and contact you when necessary.

For further information, please review our Return Policy.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

We may provide you with access to third-party tools that we do not monitor and over which we have no control or authority.

You acknowledge and agree that access to such tools is provided “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement.

To the fullest extent permitted by law, we will not be liable for any loss or damage arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through our website is entirely at your own risk and discretion.

You should ensure that you understand and agree to the terms under which the relevant third-party provider supplies those tools.

Any new services, features or tools introduced through the website may also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available through our Service may include material supplied by third parties.

Links on this website may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party websites.

We do not warrant and will not accept responsibility or liability for:

  • Third-party materials

  • Third-party websites

  • Third-party products

  • Third-party services

  • Transactions conducted through third-party websites

To the fullest extent permitted by law, we are not liable for any harm or damage connected with the purchase or use of goods, services, resources or content from third-party websites.

Please carefully review the third party’s policies and practices and make sure you understand them before entering into a transaction.

Any complaints, claims, concerns or questions about third-party products or services should be directed to the relevant third party.

SECTION 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit materials at our request, such as competition entries, or send us unsolicited:

  • Creative ideas

  • Suggestions

  • Proposals

  • Plans

  • Reviews

  • Feedback

  • Photographs

  • Videos

  • Other materials

Whether submitted online, by email, by post or through another method, these materials will collectively be referred to as “Comments”.

You agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use any Comments you submit in any medium.

Unless required by applicable law, we are not obliged to:

  1. Keep Comments confidential;

  2. Pay compensation for Comments; or

  3. Respond to Comments.

We may, but are not obliged to, monitor, edit or remove content that we consider, at our sole discretion, to be:

  • Unlawful

  • Offensive

  • Threatening

  • Defamatory

  • Pornographic

  • Obscene

  • Otherwise objectionable

  • In breach of another party’s intellectual-property rights

  • In breach of these Terms of Service

You agree that your Comments will not infringe the rights of any third party, including:

  • Copyright

  • Trade marks

  • Privacy rights

  • Personality rights

  • Personal rights

  • Proprietary rights

You also agree that your Comments will not contain defamatory, unlawful, abusive, offensive or obscene material.

Your Comments must not contain computer viruses, malware or other harmful code that could affect the operation of the Service, our website or any related website.

You must not:

  • Use a false email address

  • Impersonate another person

  • Mislead us or any third party about the origin of your Comments

You are solely responsible for the Comments you submit and their accuracy.

To the fullest extent permitted by law, we accept no responsibility or liability for Comments submitted by you or any third party.

Any additional customs-clearance charges and/or import duties are not included in the product price and are the responsibility of the customer, unless stated otherwise at checkout or required by law.

SECTION 10 – PERSONAL INFORMATION

The submission and processing of personal information through our website is governed by our Privacy Policy.

Please review our Privacy Policy for further information about how we collect, use, store and protect your personal information.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or within the Service may contain:

  • Typographical errors

  • Inaccuracies

  • Omissions

These may relate to:

  • Product descriptions

  • Product prices

  • Promotions

  • Offers

  • Shipping charges

  • Delivery times

  • Product availability

We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel orders if any information within the Service or on a related website is inaccurate.

We may do this at any time without prior notice, including after you have submitted an order, subject to applicable law.

Unless required by law, we are under no obligation to update, amend or clarify information within the Service or on a related website, including pricing information.

A stated update or refresh date should not be interpreted as confirmation that all information within the Service or on a related website has been changed or updated.

SECTION 12 – PROHIBITED USES

In addition to the other prohibitions contained in these Terms of Service, you must not use the website or its content:

  1. For any unlawful purpose;

  2. To encourage, request or participate in unlawful acts;

  3. To breach any international, national or local law, regulation, rule or ordinance;

  4. To infringe our intellectual-property rights or the intellectual-property rights of others;

  5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any person on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality, disability or any other protected characteristic;

  6. To submit false or misleading information;

  7. To upload or transmit viruses, malware or any other malicious code that could affect the functionality or operation of the Service, a related website, another website or the internet;

  8. To collect or track another person’s personal information without lawful authority;

  9. To spam, phish, pharm, pretext, spider, crawl or scrape;

  10. For obscene or immoral purposes; or

  11. To interfere with or circumvent the security features of the Service, a related website, another website or the internet.

We reserve the right to terminate your use of the Service or any related website if you breach any of these prohibited-use conditions.

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that your use of the Service will always be:

  • Uninterrupted

  • Timely

  • Secure

  • Error-free

We do not guarantee that results obtained through the Service will always be accurate or reliable.

You agree that we may occasionally remove the Service for an indefinite period or terminate the Service at any time without prior notice.

Your use of the Service, or your inability to use it, is at your own risk.

Except where expressly stated by us or required by law, the Service and all products and services delivered through it are provided “as is” and “as available”, without any express or implied representations, warranties or conditions.

This includes implied warranties or conditions relating to:

  • Satisfactory quality

  • Merchantability

  • Fitness for a particular purpose

  • Durability

  • Title

  • Non-infringement

To the fullest extent permitted by law, EcomFern, trading as Lottie & Faye Manchester, together with our directors, officers, employees, affiliates, agents, contractors, service providers, suppliers and licensors, will not be liable for any:

  • Injury

  • Loss

  • Claim

  • Direct, indirect, incidental, punitive, special or consequential damages

  • Loss of profits

  • Loss of revenue

  • Loss of savings

  • Loss of data

  • Replacement costs

  • Similar damages

This applies whether the claim is based on contract, negligence, strict liability or another legal basis and whether it arises from:

  • Your use of the Service

  • Products purchased through the Service

  • Your inability to use the Service

  • Errors or omissions in content

  • Content or products posted, transmitted or otherwise made available through the Service

This limitation applies even if we have been advised of the possibility of such loss or damage.

Nothing in these Terms of Service excludes or limits liability where it would be unlawful to do so.

Where a jurisdiction does not permit the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless EcomFern, trading as Lottie & Faye Manchester, including its:

  • Parent company

  • Subsidiaries

  • Affiliates

  • Partners

  • Officers

  • Directors

  • Agents

  • Contractors

  • Licensors

  • Service providers

  • Subcontractors

  • Suppliers

  • Employees

This applies to any third-party claim or demand, including reasonable legal fees, arising from:

  • Your breach of these Terms of Service;

  • Your breach of any documents incorporated into these Terms of Service;

  • Your violation of any applicable law; or

  • Your infringement of a third party’s rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will remain enforceable to the maximum extent permitted by law.

The unenforceable part will be treated as separate from these Terms of Service.

Such a determination will not affect the validity or enforceability of the remaining provisions.

SECTION 16 – TERMINATION

Any obligations and liabilities incurred by either party before the termination date will survive termination of this agreement.

These Terms of Service will remain in force unless and until terminated by you or us.

You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by ceasing to use our website.

If, in our reasonable judgement, you breach or we suspect that you have breached any provision of these Terms of Service, we may terminate this agreement without notice.

In that case, you will remain responsible for all amounts due up to and including the termination date.

We may also restrict or deny your access to the Service or any part of it.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision contained in these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules published by us on this website or in connection with the Service, constitute the entire agreement and understanding between you and us.

They govern your use of the Service and replace all previous or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

This includes any previous versions of these Terms of Service.

Any ambiguity in the interpretation of these Terms of Service will not automatically be interpreted against the party responsible for drafting them.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services to you will be governed by and interpreted in accordance with the laws of the Netherlands.

Nothing in these Terms of Service affects any mandatory consumer-protection rights available to you under applicable law.

SECTION 19 – CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, amend or replace any part of these Terms of Service by publishing updates and changes on our website.

It is your responsibility to review our website periodically for changes.

Your continued use of or access to our website or the Service after changes have been published constitutes your acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Registered business name: EcomFern
Trading name: Lottie & Faye Manchester
Email: info@lottieandfayemanchester.com