TERMS & CONDITIONS
1. General terms & conditions
LonJoy is a trading brand/name of Variety Health Corps - VHC Ltd [vendor (“we” or “us”)]. These terms of business relate solely to LonJoy brand/name.
1.1Whenever we agree to sell our goods these terms apply to the exclusion of any other or inconsistent or implied terms, conditions or warranties (all of which are hereby excluded and shall not apply to you or us to the fullest extent permitted by the law) unless otherwise agreed in writing by a Directors of Variety Health Corps - VHC Ltd.
1.2 No order placed by you shall be deemed to be accepted by us until a written acknowledgment of the order is issued by us or (if earlier) we deliver the goods to you. No order deemed to be accepted by us may be canceled by you except in accordance with paragraph 9.1.
1.3 You are responsible to us for ensuring the accuracy of the terms of any order submitted by you and for giving us any necessary information within a sufficient time to enable us to perform our obligations regarding the supply of goods to you.
1.4 We reserve the right to make changes to the items shown in this catalog.
1.5 Some products shown on this website may vary slightly from the images displayed from time to time. We do our best to limit variations in colour, but owing to technical constraints there may be appreciable differences in colour between our products and the images of them in our catalog or on our website. There may also be appreciable variations in colour between different batches of the same products.
1.6 We make every effort to ensure that the descriptions of items are reasonably accurate.
1.7 We are a business-to-customer supplier and therefore this catalog, and these terms, are addressed to consumer customers only.
1.8 Any typographical, clerical or other error or omission in this catalog or other sales literature or other document or information issued by us shall be subject to correction without any liability on our part.
1.9 Variety Health Corps - VHC Ltd is responsible for our own customer care. Our contract of sale is with you (our customer). If we sell a product that has been discontinued or is out of stock, Variety Health Corps - VHC Ltd cannot be held accountable for additional expenditure we may incur dealing with our customer.
1.10 You must be at least 18 years of age or have the legal right to process adult material in your community and are not offended by adult merchandise including such things as sex toys, bondage equipment, vibrators and other adult products. By entering this website you have released and discharged the providers/owners and creators of this site from any and all liability which might arise.
1.11 All goods sold through this site are sold as ‘novelty goods’. The vendor Variety Health Corps - VHC Ltd cannot be held responsible for any injury caused by their use.
1.12 Material on this site may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without prior written permission of the copyright holder. All material is the copyright property of Variety Health Corps - VHC Ltd.
2. Delivery and Carriage
2.1 Delivery is made at your premises or at such other location agreed by you to us in writing. At our discretion, we may deliver the goods in reasonable installments. Each installment is to be treated as a separate contract, and you must accept and pay for installments accordingly.
2.2 All packages returned to us undelivered will be subject to an additional charge before being re-shipped to you. If you fail to accept delivery when tendered we may store the goods until actual delivery and charge you for the reasonable costs of storage and (if you have not yet paid for the goods) re-sell the goods concerned without incurring any liability to you.
2.3 We reserve the right to deliver up to 5% more or less than the quantity of goods ordered without any adjustment in the price payable by you and the quantity so delivered shall be deemed to be the quantity ordered.
2.4 You must pay our delivery charges in addition to the quoted price.
2.5 You must notify us in writing of any claim for delivery shortages within 7 days of either the date of the invoice for them and any claim for delivery damages to the goods in transit within 2 days of the delivery date and you must return such damaged or defective goods to us or make them available for collection by us in accordance with our instructions.
2.6 Our liability in respect of any such claim notified to us within 7 days is limited to replacement of the goods or credit or refund of the price, at our discretion, and does not extend to any indirect or consequential loss.
2.7 Where applicable for overseas deliveries, you shall be responsible for obtaining any necessary import licenses or permits and for complying with any legislation or regulations governing the importation of the goods into the country of destination.
2.8 All goods supplied by us remain the property of the vendor Variety Health Corps - VHC Ltd until such time as they are paid for in full.
2.9 Variety Health Corps - VHC Ltd cannot be held responsible for orders being delayed by incorrect information supplied during the checkout process.
3.1 The price of the goods will be the current price in force at the date of dispatch. All prices exclude delivery charges and include VAT.
Shipping fees are as follows:
£2.95 Tracked Royal Mail delivery to the UK
£5.95 Tracked Interlink Delivery up to three days to the UK
£10 Tracked European Royal Mail Delivery (up to 2.5 kilos)
£19.99 Tracked Royal Mail International Delivery (up to 1.5 kilos)
3.2 Prices in the catalog are valid as at the date on which the catalog was printed, but we may change these prices from time to time. The prices in the catalog may vary from the prices offered for our goods through our website or mobile phone site.
3.3 You must pay our reasonable extra charges in respect of (a) any special arrangements we may agree to make at your request in order to expedite delivery; (b) any costs, expenses, and liabilities we may incur because you have given inadequate or inaccurate instructions.
4. Time Estimates
4.1 Subject to availability, we aim to dispatch goods within 2 working days of order and delivery by our chosen carrier usually takes a further 3-5 working days, but this is only an estimate and time is not of the essence.
5.1 We may invoice you for the goods together with any applicable sums referred to in paragraph 3.1, when they, or any installment of them, are dispatched to you or to your designated recipient.
5.2 Payment is due and you become liable to pay for goods on a delivery of our invoice, unless agreed credit terms apply, in which case you must pay in accordance with them. Time for payment is of the essence.
5.3 We accept payment for goods by credit or debit card or bank transfer at the time of purchase if you have registered your personal details when creating your online order which will be placed on the invoice afterward.
5.4 Despite any agreed credit terms all payments for goods supplied, whether or not invoiced, become immediately due if you fail to make a payment in accordance with paragraphs 7.2(a) or if anything in paragraphs 7.2(a) or anything in paragraphs 7.2(b),(c) or (d) happens.
5.5 We will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) if you do not pay amounts due to us by the due date.
5.6 All payments must be made by you in full, without any set-off, counterclaim, withholding or other deduction.
5.7 Your credit/debit card or bank transfer is charged in the name of our limited company Variety Health Corps - VHC Ltd.
6.1 The risk in the goods passes to you when delivery of the goods (prior to unloading from the applicable transport) is tendered to you or to your designated recipient.
7.1 Notwithstanding delivery of and the passing of risk in the goods or any other problems, we retain ownership of the goods supplied by us to you until the price of them and all other goods supplied by us to you has been paid in full. Until ownership of the goods has passed to you, you must:
(a) hold the goods on a fiduciary basis as our bailee;
(b) store the goods (at no cost to us) separately from all other goods of yours or any third party in such a way that they remain readily identifiable as our property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; and
(d) maintain the goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you must produce the policy of insurance to us and
(e) not pledge, create a lien over or create or allow the creation of any security interest or encumbrance over the goods.
7.2 If you: (a) do not pay any invoice of ours within 7 days after it has become due, or (b) pass or call a meeting to pass a resolution for liquidation, or a petition for liquidation, administration or bankruptcy is presented against you, or (c) become subject to a liquidation, administration or bankruptcy order, or to any distress or execution on or receivership over any of your assets or make an arrangement with your creditors or you cease or threaten to cease to carry on business or (d) we reasonably apprehend that any of the events mentioned in paragraphs (b) or (c) is about to occur then in each case you must cease at once to use or part with possession of any of our goods not then paid for and must return to us any of them remaining in your possession on request. On asking for them in writing we are entitled, without incurring any liability to you, to enter your premises or any third party premises where our goods are located and remove and re-sell such of our goods as are to be found there.
Nothing in paragraphs 7.1 gives you the right to return the goods without our consent, except in accordance with our returns policy referred to in paragraph 10.
8. Force Majeure
8.1 If we are unable to perform due to any circumstances beyond our control we may suspend performance while those circumstances subsist, and subject to paragraph 9.1, any agreed date or period for delivery is to be regarded as extended accordingly.
9. Suspension and Cancellation
9.1 If any period of suspension of deliveries under paragraph 8 lasts for more than three months, either you or we may cancel the contracts and outstanding orders between you and us by written notice without penalty, (but you will still have to pay us for any goods actually delivered).
9.2 If any payment due to us from you under this or any other contract is in arrears, or anything in paragraphs 7.2(b), (c) or (d) happens then in each case we may suspend further deliveries to you and/or cancel all contracts and outstanding orders between you and us by written notice without penalty (but you will still have to pay us for any goods actually delivered) and we may re-sell the goods ordered by you but not yet delivered to you or paid for by you without incurring any liability to you. Your failure to comply with a demand for payment under this paragraph is to be regarded as a repudiation of the contract, and we shall be entitled to damages accordingly.
10. Returns Policy
10.1 You have no right to return the goods without our written consent, except in accordance with this paragraph 10.
10.2 You may return to us at your own cost unused goods for either refund or credit (at our discretion and subject to such reasonable restocking charge as we may charge) provided that they are returned to us and received by us within 14 days after delivery to you and so long as they are not made to order, tabbed or personalised in any way, have not been worn, used or altered in any way, are still in the original packaging and otherwise fit to be returned to stock and resold by us.
10.3 You may return goods which are damaged in transit or materially defective provided that you notify us in accordance with paragraph 2.5 in which case our liability shall be as described in paragraph 2.6.
10.4 When returning goods to us, you must retain proof of postage until we supply you with a credit note confirming that we have received the returned goods.
You may request a refund to your card or bank account. To request a refund send your LonJoy account number and order number to firstname.lastname@example.org.
11. Limitation on Liability
11.1 We will refund or credit the price of faulty goods, or replace them (at our discretion) solely as expressly described in these terms of business but we will not in any circumstances be liable to you for any other loss, damage or liability, direct or indirect, consequential or otherwise, whether or not we have been negligent.
Nothing in these terms affects our liability for death or personal injury resulting from our own negligence or for fraudulent misrepresentation.
12.1 Samples will be invoiced to you on dispatch and will be paid for by you in accordance with paragraphs 5.1 and 5.2 and you will be repaid or credited such payments in full provided they are returned to us carriage paid within 30 days of delivery to you, and they have not been used, worn or altered in any way, are still in the original packaging and otherwise fit to be returned to stock and resold by us.
13. Intellectual Property
13.1 You acknowledge that all intellectual property rights (including patents, trade marks, trade secrets, copyright, database rights, designs, inventions, know how and any other industrial or intellectual property rights of any nature whatsoever, whether registered, registrable or not, whether present or future, in any part of the world) in all items created by, or provided to you by, us (including goods described in our catalogue; bespoke goods ordered by you; and images, designs and other materials in our catalogue and on our websites) shall (as between you and us) belong to and vest in us absolutely.
13.2 You are permitted to use our intellectual property for the sole purposes of ordering goods from us and using such goods for your own business purposes.
13.3 Other than as set out in paragraph 13.2 above, you are not permitted to use, reproduce, copy or distribute our intellectual property without our prior written consent.
14. Cookies Policy
14.1 To make full use of the online shopping and personalised features on www.lonjoy.co.uk, your computer, tablet or mobile phone will need to accept cookies, as we can only provide you with certain personalised features of this website by using them.
Our cookies don't store sensitive information such as your name, address or payment details: they simply hold the 'key' that, once you're signed in, its associated with this information. However, if you'd prefer to restrict, block or delete cookies from www.lonjoy.co.uk, or any other website, you can use your browser to do this. Each browser is different, so check the 'Help' menu of your particular browser (or your mobile phone's handset manual) to learn how to change your cookie preferences.
15. English Law
15.1 All contract between you and us and these terms of business are governed by and is to be construed and interpreted exclusively in accordance with English Law and both parties submit to the non-exclusive jurisdiction of the English Courts.
Alternative terms, for customers outside of the UK, may apply if goods are purchased through an agent/distributor of Variety Health Corps - VHC Ltd. Please contact your agent/distributor for details.
16. Contact details
16.1 Our contact details are as follows:
39 Exeter Road
16.2 No waiver by us of any breach by you shall be effective unless confirmed in writing by a Directors of Variety Health Corps - VHC Ltd nor shall any such waiver be considered as a waiver of any subsequent breach of the same or any other kind by you.
16.3 If any provision of these terms of business is held by a court to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in questions shall not be affected.