Last updated: 21st June 2021
These terms & conditions (together with the documents referred to in them) let you know the terms on which we supply products to you through our website http://ilala.co (the Site). Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
We refer herein to our Privacy Policy, which lets you know the terms on which we process any personal data we collect from you, that you provide to us or that we receive from other sources. By using our Site, you acknowledge that we will collect your data and process it in accordance with the terms of the Privacy Policy and you confirm that all the data you provide us with is accurate. Please also refer to our Website Terms & Conditions that govern how you may use our Site.
- Information about us and how to contact us
- About Ilala. Ilala is operated by Miranda Vedral as a sole trader with input from consultants (collectively referred to as “we”, “us” or “our” in these terms & conditions).
- How to contact us. You can contact us by telephoning our customer service line at +44 (0) 7931 383481 (“Customer Service Line”) or by writing to us at [email protected].
- 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 order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Either for online sales or direct sales as set out in clause 1. acceptance of your order only occurs after payment confirmation: for online sales, once verified completion of the online payment transaction; and for direct sales, upon clearance of the funds or you sending out to us a satisfactory screenshot confirming payment.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Our products
- Products available. You can either chose products from our website and complete your purchase through an online transaction (“online sales)” or, if you are looking for something particular, contact us and we will check product availability on our existing stock according your preferences and specifications (“direct sales”).
- Products may vary slightly from their pictures. The images of the products on our website or in pictures made available to you are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The same goes for shapes and measurements, which may vary slightly from our website postings. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are subject to small and reasonable variations. If you would like to see any of the products in person, we may at our discretion arrange a mutually convenient time and place to show you the products. If of your interest, please contact us.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our Site.
- Making sure your measurements and specifications are accurate. If we are making the product to measurements or specifications you have given us you are responsible for ensuring that these measurements or specifications are correct. Please contact us if you would like to discuss measurements or specifications before finalising your order.
- Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
- Our rights to make changes
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a safety issue. These changes will not affect your use of the product.
- More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
- Minor changes to the products. We may change the product:
- Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our Site. If you would like your order shipped outside the United Kingdom, please contact [email protected] for current postage and shipping costs.
- When we will deliver the products. We will deliver them to you as soon as reasonably possible, which in most cases will be no later than 15 days after the day on which we accept your order. This may be longer for orders shipped outside the United Kingdom.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received (unless the product is a bespoke item ordered in accordance with clause 4).
- Collection by you. If you have asked to collect the products in order to avoid delivery charges, you can collect them from us in a drop off service or any other location as mutually agreed between us. Please contact us so we may align a convenient time and place for both of us.
- Delivery via courier or postal service. We will arrange delivery of the products via a recognised courier or postal service at the address you provide when you place your order. You agree to make reasonable efforts to collect the products as notified to you or to re-arrange delivery or collect them from a delivery depot if the products are not collected.
- If, despite our reasonable efforts, we are unable to contact you or it is not possible to re-arrange delivery or collection, we may end the contract and clause 2 will apply.
- When you become responsible for the goods. A product will be your responsibility from the time the products are delivered to the address you gave us. In the case of a loaned product under clause 7, the products will remain your responsibility until they are returned to us.
- Ownership of goods. If you are purchasing a product, you will own it once we have received payment in full. In you are loaning a product, please refer to clause 7.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, specific measurements in the case of bespoke products ordered by you in accordance with clause 4. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 5).
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend your order for a period of more than 15 days, and in this case we will refund any sums you have paid in advance for the product (unless it is a bespoke product and we have started work on the product).
- Loaning products
- Loan products ownership. If we have agreed to loan products to you, the products shall at all times remain our property and you shall have no rights to the products other than as hirer. You must not do or permit to be done anything that prejudicially affects our rights to the products.
- Loan Period. You are entitled to loan the products for the duration of the period that you have agreed with us when you placed your order (the “Loan Period”) and you must return the products to us via the same method as they were delivered to you at the end of the Loan Period. The cost of such delivery is included in the price you paid for loaning the products unless otherwise agreed with you in writing.
- Extending the loan period. If you wish to extend the duration of the Loan Period, please contact our Customer Service Line or email us at [email protected] and we will accommodate your request if we can. You may not shorten the Loan Period but you may return products early if it more convenient for you to do so.
- Retuning loan products. If we do not receive the products within 15 days of the end of the Loan Period, we may charge you a day rate in respect for the product (calculated by dividing the price of your order by the length in days of the Loan Period). If you foresee any delay in returning a product to us, you must contact us immediately. Following the 30th day of delay in returning to us the loan products, you may be required to pay the difference between the amount paid for loaning them and the cost of purchasing them as set out in clause 6.
- Obligations during the loan period. During the Loan Period, you must:
- take reasonable care of the products and use them for their proper purpose;
take such steps as are necessary to ensure the products are kept safe and not exposed to risk or damage; - maintain the products in good and substantial repair and condition (minimal fair
- take reasonable care of the products and use them for their proper purpose;
wear and tear excepted);
- keep the products in your possession or control;
- not alter the products in any way or seek to make repairs or to reconfigure or modify the products without our prior consent in writing;
- not re-hire, sell, mortgage, pledge, underlet, lend or otherwise deal with the possession of the property or any part thereof without our prior consent in writing;
- notify us immediately of any material loss of or damage to the product;
return the products at the end of the Loan Period in a condition equal to that as at the commencement of the hire (minimal fair wear and tear excepted).
- Liability for loan products. During the Loan Period, the products will be at your entire risk. You shall be liable to us for any and all loss or damage to the products or any part thereof from any cause whatsoever (minimal fair wear and tear excepted). If the products are damaged beyond minimal fair wear and tear or if the products are not returned to us within 30 days of the end of the Loan Period, you will be required to pay the difference between the amount paid for loaning them and the cost of purchasing them.
- Your rights to end the contract
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- 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 to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2; and
- If you have just changed your mind about the product, see clause 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 goods.
- 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 (a) to (e) below 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:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 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;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- 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 15 days; or
- you have a legal right to end the contract because of something we have done wrong.
- 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.
- When you don’t have the right to change your mind. You do not have a right to change your mind in respect of bespoke (i.e. made to measure) products ordered by you from us in accordance with clause 4.
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call our Customer Service Line or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- 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 us. You must either post them back to us at [The Old Rectory, Sutton Montis, Yeovil, Somerset BA22 7HD] or (if they are not suitable for posting) allow us to collect them from you. Please call our Customer Service Line or email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed; or
- 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 because you have a legal right to do so as a result of something we have done wrong.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return (including any transactional fees in this regard, such as bank, credit card or Paypal charges). In the case of returning a loaned product under clause 7, there will be no further cost to pay.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer 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 we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 2.
- In all other cases, your refund will be made within 14 days of you telling us you have changed your mind
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due (see clause 4);
- in respect of clause 4, you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to manufact and supply your product; and
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- If there is a problem with the product
- How to tell us about problems. We are under a legal duty to supply products that are in conformity with this contract. If you have any questions or complaints about the product, please contact us. You can telephone our Customer Service Line or write to us at [email protected].
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call our Customer Service Line or email us at [email protected] for a return label or to arrange collection.
- Price and payment
- Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- When you must pay and how you must pay. We accept payment with VISA DEBIT, VISA OR PAYPAL. We do not accept AMEX. Provided that payments must be made before, following acceptance of your order pursuant to clause 1, we dispatch the products. We will not charge your credit or debit card until we dispatch the products to you.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. You agree that damage or injury caused by your use of the products to third parties shall be unforeseeable for the purpose of this clause, as well as any damage or injury suffered by you related to faulty electric circuits, light bulbs or overloaded sockets.
- We are not liable for your failure to use the products in accordance with health and safety guidelines provided at the time of your purchase. You acknowledge that the products should not be used with Incandescent, CFL or Halogen light bulbs . To the extent that you do not follow these, or other health and safety guidelines available or provided at the time of purchase or any other time, we cannot accept any liability for any personal injury or other loss that you or any third party may suffer.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and; for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. For the avoidance of doubt, use of our products in restaurants, bars, café shops and pubs are considered commercial use for the purposes of this clause.
- How we may use your personal information
- How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree for any reason whatsoever.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.