Terms of business

Last updated 3rd March 2022

This page (together with the documents and policies expressly referred to on it) tells you information about the Lick entity entering into these Terms, as specified in the applicable country-specific Annex (“us”, “we”, or “Lick”), and the legal terms of business (“Terms”) on which you may access and use this Site (defined below) and on which we sell any of the products (“Products”) listed on our Site to you. These Terms, including the applicable country-specific terms in the applicable Annex, will apply to any order placed through the Site for Products (“Order”). Please read these Terms carefully and make sure that you understand them before ordering any Products from our Site or using the Site. Please note that before placing an Order you will be asked to confirm your agreement to these Terms.

BY CLICKING “PAY NOW,” OR OTHERWISE ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THESE TERMS, INCLUDING OUR PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO ACCESS OR USE THE SITE, AND YOU MAY NOT ORDER ANY PRODUCTS FROM THE SITE.[1]

ARBITRATION NOTICE for orders placed through www.lick.com/us.  Except for certain kinds of disputes described in Annex B, Clause 8, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND LICK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

IF YOU HAVE CHOSEN TO OPT-IN TO TEXT MESSAGES BY CHECKING THE APPROPRIATE BOX, YOU AGREE TO RECEIVE TEXTS FROM OR ON BEHALF OF US AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS MAY INCLUDE ORDER INFORMATION AS WELL AS MARKETING INFORMATION. YOU UNDERSTAND AND AGREE THAT THESE TEXTS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALLING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE. [2]

You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in Clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on the date listed above. These Terms, and any Order between you and us, are only available in the English language.

1.     Information about us

1.1.   We operate the website www.lick.com (the “Site”). 

1.2.   To contact us, please e-mail hello@lickhome.com.

 

2.     Our Products

2.1.   The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

2.2.   The packaging of the Products may vary from that shown on images on our Site.

2.3.   All Products shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your Order if made, unless it had been made clear on our Site that such Products are available for pre-order.  

3.     How we use your personal information

3.1.   We only use your personal information in accordance with our Privacy Policy Please take the time to read this, as it includes important information and terms which apply to you.

 

4.     Eligibility

4.1.   You may only purchase Products from our Site or otherwise use the Site if you are over 18 years old.

4.2.   You may not purchase Products from the Site or otherwise use the Site if you have previously been suspended or removed from the Site.

 

4.3.   You agree to use the Site in accordance with applicable law at all times. 

5.     If you are a business customer

This Clause 5 only applies if you are purchasing our Products as a business.

5.1.   If you are using the Site on behalf of a business, you (as an individual) confirm that you have authority to legally bind such business on whose behalf you use our Site to purchase Products.

5.2.   These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms.

 

6.     How an Order is placed

6.1.   To place an Order, you should follow the steps set out below:

6.1.1.click on the Product that you would like to purchase;

6.1.2.on the Product page, select the quantity and then click on “add to basket”;

6.1.3.either click on “continue shopping” or click on “go to checkout”;

6.1.4.if you want to pay by debit or credit card, just enter your details in the online form and when they are correct, click on “Pay Now”;

6.1.5.if you are already registered with us, click on “login” and enter your details but if not, click on “check out as guest”; and

6.1.6.complete the online forms as instructed and place your Order by clicking on the “Pay Now” button.

 

6.2.   Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the Order process.

6.3.   You will be required to provide an e-mail address during the Order process. After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order and your payment (“Payment Confirmation”). The Order between us is not binding until we send you the Payment Confirmation.

6.4.   If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our Site in accordance with Clause 8.1.2, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

 

7.     Our right to vary these Terms

7.1.   We may revise these Terms from time to time in the following circumstances:

7.1.1.changes in how we accept payment from you;

7.1.2.changes in relevant laws and regulatory requirements.

7.2.   Every time you order Products from us, the Terms in force at that time will apply to such Order.

7.3.   Whenever we revise these Terms in accordance with this Clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

  

8.     Price of Products and delivery charges

8.1.   The prices of the Products will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the Site. However, if we discover an error in the price of Product(s) you ordered:

 

8.1.1.where the Product's correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Products to you; and

8.1.2.if the Product's correct price is higher than the price stated on our Site, we will contact you via e-mail as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you of this cancellation in writing.

8.2.   Prices for our Products may change from time to time, but changes will not affect any Order which we have confirmed with a Payment Confirmation.

8.3.   Product prices exclude delivery costs, which, where applicable, will be added to the total amount due during the Order process. In some locations, prices may also exclude certain taxes. Depending on the payment method you choose, there may be additional processing fees that are not reflected in the prices, for which you will be responsible.

 

9.     How to pay

9.1.   You can only pay for Products using a debit card, credit card or other payment methods that we display from time to time on our Site. We accept all Mastercard and VISA debit and credit cards and American Express.

9.2.   Payment for the Products and all applicable delivery charges, taxes, and any additional fees are in full at the point of Order. Upon receiving your Order we carry out a standard pre-authorisation check to ensure there are sufficient funds to fulfil the transaction.

  

10.  Events outside our control

10.1.    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control (defined below).

10.2.    “An Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation any actions, inactions or delays of our manufacturers and suppliers, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

10.3.    If an Event Outside Our Control takes place that affects the performance of our obligations under an Order:

10.3.1.   we will contact you in writing as soon as reasonably possible to notify you; and

10.3.2.   our obligations under these Terms and any existing Product Order will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

11.  Communications between you and us

11.1.    When we refer, in these Terms, to “in writing”, this will include e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail to the e-mail address you provide during the Order process or by pre-paid post to the address you provide to us during the Order process.

11.2.    By using the Site, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

11.3.    If you are a consumer:

11.3.1.   To cancel an Order in accordance with your legal and/or contractual right to do so, you must contact us in writing by sending an e-mail to hello@lickhome.com. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.

11.3.2.   If you wish to contact us in writing for any other reason, you can e-mail us at hello@lickhome.com.

11.4.    If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date sent by registered or certified mail. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.

 

12.  Use of our Site

12.1.    Accessing Our Site

12.1.1. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

12.1.2. You are responsible for making all arrangements necessary for you to have access to our Site.

12.1.3. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and any other applicable terms and conditions, and that they comply with them.

12.2.    Your account and password

12.2.1. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

12.2.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

12.2.3. You may be required to provide us with information about yourself in order to create an account. You agree that any information you provide will be accurate and complete and that you will keep it up to date.

12.3.    Intellectual property rights

12.3.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by intellectual property laws and other proprietary rights and treaties around the world. All such rights are reserved.

12.3.2. Subject to your complete and ongoing compliance with these Terms, we grant you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.

 

12.3.3. Except and solely to the extent such a restriction is impermissible under applicable law or as explicitly permitted under these Terms, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of any part of the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism.

12.3.4. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

12.3.5. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

12.3.6. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged in any use of any part of the Site.

12.3.7. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

12.3.8. If you print off, copy, or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

12.3.9. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Site or Products (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Site or Products and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

12.4.    No reliance on information 

12.4.1. Content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date.

12.5.    Limitation of our liability in relation to your use of our Site

12.5.1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by any applicable law.

12.5.2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.

12.5.3. WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

12.5.3.1.        USE OF, OR INABILITY TO USE, OUR SITE; OR

12.5.3.2.        USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE.

IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR:

12.5.3.3.        LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;

12.5.3.4.        BUSINESS INTERRUPTION;

12.5.3.5.        LOSS OF ANTICIPATED SAVINGS;

12.5.3.6.        LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR

12.5.3.7.        ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

12.5.4. If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.5.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

12.5.6. We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

12.5.7. Limitations and exclusions of liability applying to liability arising as a result of the supply of any Products by us to you are set out in the applicable country-specific terms in the applicable Annex.

12.6.  Viruses

12.6.1. We do not guarantee that our Site will be secure or free from bugs or viruses.

12.6.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

12.6.3. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under applicable law, including where applicable the Computer Misuse Act 1990. We will report any such breach to the applicable law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

12.7.  Linking to our Site

12.7.1.     You may link to the Site’s home page, provided you do so in a way that is fair, accurate, and in accordance with applicable law and does not damage our reputation or take advantage of it.

12.7.2.     You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

12.7.3.     You must not establish a link to our Site in any website that is not owned by you.

12.7.4.     Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

12.7.5.     We reserve the right to withdraw linking permission immediately upon notice to you.

12.7.6.     If you wish to make any use of the content on our Site other than that as described in this Clause 12.7, please contact hello@lickhome.com.

12.8.  Third-party links and resources in our Site

12.8.1.     Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.

12.8.2.     We have no control over the contents of those sites or resources or the content provided by third parties.

 

12.8.3.     Please be sure to review the terms of use/service and privacy policy of any third-party services before you share any information with such third-party services. We will have no control over any information that has been shared. 

 

12.9.  Other Prohibited Conduct

By using the Site, you agree not to:

12.9.1.     use the Site for any illegal purpose or in violation of any local, state, national, or international law;

12.9.2.     access, search, or otherwise use any portion of the Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by us;

12.9.3.     interfere with security-related features of the Site, including by (i) disabling or circumventing features that prevent or limit use, printing, or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;

12.9.4.     interfere with the operation of the Site or any user’s enjoyment of the Site, including by (i) collecting personal information about another user or third party without consent or (ii) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;

12.9.5.     perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Site account without permission; or

12.9.6.     sell or otherwise transfer the access granted under these Terms or any right or ability to view, access, or use any part of the Site.

13.  Representation of Products on our Site

We are unable to guarantee that the digitally reproduced images shown on the Site:

·     Accurately reflect the colours, due to variations in light and colour between different computer monitors;

·     Will be the same from one item to another in the case of matching sets, due to slight variations in dye lots and age of Orders placed; or

·     Accurately reflect fabric texture and feel, it is recommended to order a sample before purchasing.

14.  Made to order items: Lick Pro

All items for Lick Pro Orders are considered as made to order. Where goods are made to order you shall have no right to amend or cancel your Order after we issue a Payment Confirmation, return the Products, or seek any refund of the price paid by you from us. This is because when we receive your Order, the manufacturing process begins immediately, and the Products are manufactured to your specification.

15.  Term and Termination

15.1.  These Terms are effective beginning when you place an Order or first access or use the Site, whichever is earlier, and ending when terminated as described in Clause 15.2.

15.2.  If you violate any provision of these Terms, then your authorization to access the Site and these Terms automatically terminate. In addition, we may, at our sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting us at notices@lickhome.com.

15.3.  Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Site; (b) you will no longer be authorized to access your account or the Site; (c) you must pay us any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Clauses 12.3.1, 12.3.9, 15.3, and 16 will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Site using a different name, e-mail address, or other forms of account verification.

16.  Other important terms

16.1.  We may transfer our rights and obligations under an Order to another organisation, but this will not affect your rights or our obligations under these Terms.

 

16.2.  You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

 

16.3.  These Terms are between you and us. No other person shall have any rights to enforce any of these Terms, whether under applicable law, including the Contracts (Rights of Third Parties Act) 1999 where applicable, or otherwise.

16.4.  Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5.  If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6.  We take care to protect our team members from harmful behaviour. We reserve all our contractual and legal rights to counter behaviour that we believe to be:

16.6.1.   abusive,

16.6.2.   hateful,

16.6.3.   threatening; or

16.6.4.   otherwise in conflict with the laws of any jurisdiction in which we operate.

16.7.  We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to our published policies.

Annex - Country-specific Terms

A.                 United Kingdom and European Union – applicable to all Orders placed with www.lick.com/uk & www.lick.com/eu  We are Lick Home Ltd, a company registered in England and Wales under company number 12062607 and registered office address 2nd Floor, Gadd House, Arcadia Avenue, London, N3 2JU. Our VAT number is 332462522.

1.     Delivery

1.1.   Your Order will be fulfilled and delivered in accordance with and subject to the charges set out in the Shipping & Returns section of our Site as updated from time to time. 

 

1.2.   Delivery will be completed when we deliver the Products to the address you provide us with. Please note that our delivery and returns policies differ according to whether the delivery address is in the UK mainland (excluding Northern Ireland) or in the non-mainland UK. The default delivery option is set to your billing address and will require a signature on delivery.

1.3.   As soon as the Product is available for delivery, we will despatch it via a third-party courier service.

1.4.   You must examine the Product on arrival before you sign for the Product to confirm delivery.

1.5.   You own the Products once we have received payment in full, including all applicable delivery charges.

1.6.   Delivery is not guaranteed beyond the first floor unless the product can be moved in a lift.

1.7.   For Orders placed with interest-free credit with Klarna, changes to shipping or billing address are subject to approval from Klarna and a result we cannot guarantee that such changes will be possible after the point of Order. Your providing of an address is part of the agreement formed between yourself and Klarna and so the final decision as to whether an address change is accepted lies with Klarna.

2.     Your consumer right of return and refund This Clause 2 only applies if you are a consumer.

2.1.    If you are a consumer, you have a legal right to cancel an Order (under Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013) during the period set out below in Clause 2.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Order and receive a refund. Advice about your legal right to cancel the Order under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

2.2.   Your legal right to cancel an Order starts from the date of the Payment Confirmation. Save where Clause 2.3 applies, if the Products have already been delivered to you, you have a period of 14 calendar days in which you may cancel the Order, starting from the day on which you (or someone you nominate) receives the Product unless your Product(s) are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to cancel the Order.

2.3.   If you have changed your mind and wish to cancel an Order, please contact us in writing before the expiry of the deadline referred to in Clause 2.2 to tell us clearly that you wish to cancel by sending an e-mail to hello@lickhome.com.

2.4.   On cancellation of an Order, you will receive a full refund of the price you paid for the Products and a full refund of any applicable delivery charges you paid for. 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. We will make any refunds due to you as soon as possible and in any event your refund will be made within 14 days of your telling us you have changed your mind.

2.5.   If you cancel the Order after the Products have been delivered to you:

2.5.1.you must return the Products unopened in their original packaging as soon as reasonably practicable and in any event no later than 14 days after the date of your cancellation. For the purposes of this Clause 2.5.1 the date of return will be considered to be the date upon which you took the products to the collection point;

2.5.2.you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession; and

2.5.3.a collection charge will apply which is dependent on the price of the product. For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our delivery and returns page.

2.6.   We refund you in the same way in which you made payment for the Product. 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 Product, if this has been caused by your handling them in a way that 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.

2.7.   Details of your legal right to cancel and an explanation of how to exercise it are provided in the Payment Confirmation.

2.8.   Your right to cancel an Order does not apply to any made-to-order items. 

3.      If there is a problem with the Product

3.1.   As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

3.2.   We are under a legal duty to supply Products that are in conformity with this Order. See below for a summary of your key legal rights in relation to the Product. Nothing in these Terms will affect your legal rights.

Summary of your key legal rights

3.3.   This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

3.4.   The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:

·        up to 30 days: if your item is faulty, then you are entitled to a refund.

·        up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.

·        up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or if that doesn't work, some of your money back.

Your obligation to return rejected Products. 

3.5.   If you wish to exercise your legal rights to reject Products you must return them to us. You will be responsible for the cost of collection. For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our returns page.

 

3.6.   If you have returned the Products to us under Clause 3 because they are faulty or misdescribed, we will refund the price of a defective Product in full, including any applicable delivery charges, and we will arrange for the return of the Products with no additional charge to you.

4.     Tax and VAT

The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

5.     Payment via Klarna

5.1.   If Interest-free credit is selected, a contract is formed between yourself and our finance provider Klarna. For more information on the interest-free credit payment option, please visit the Klarna website at www.klarna.com/uk. Our customer support team members are unable to offer advice regarding interest-free credit. Queries related to this payment method must be directed to the Klarna Customer Care team at the following address or telephone number:

7th Floor

33 Cavendish Square

London

UK

W1G 0PW

020 300 50833

Open Monday to Saturday 9 am-6 am.

 

5.2.   Where interest-free credit is selected, payments will begin upon Payment Confirmation.

6.     Our liability if you are a business This Clause 6 only applies if you are a business customer.

 

6.1.   We only supply the Products for use by your business, and you agree not to use the Product for any re-sale purposes.

6.2.   Nothing in these Terms limit or exclude our liability for:

 

6.2.1.death or personal injury caused by our negligence;

6.2.2.fraud or fraudulent misrepresentation;

6.2.3.breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

6.2.4. defective products under the Consumer Protection Act 1987.

 

6.3.   SUBJECT TO CLAUSE 6.2, WE WILL UNDER NO CIRCUMSTANCES WHATEVER BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE ORDER FOR:

6.3.1.ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;

6.3.2.LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;

6.3.3.LOSS OF BUSINESS OPPORTUNITY;

6.3.4.LOSS OF ANTICIPATED SAVINGS;

6.3.5.LOSS OF GOODWILL; OR

6.3.6.ANY INDIRECT OR CONSEQUENTIAL LOSS.

 

6.4.   Subject to Clause 6.2, our total liability to you in respect of all other losses arising under or in connection with the Order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.

6.5.   Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

7.     Our liability if you are a consumer

This Clause 7 only applies if you are a consumer.

7.1.   If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Order.

7.2.   We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3.   We do not in any way exclude or limit our liability for:

7.3.1.death or personal injury caused by our negligence;

7.3.2.fraud or fraudulent misrepresentation;

7.3.3.any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

7.3.4.any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);

7.3.5.defective products under the Consumer Protection Act 1987.

8.     Choice of Law and Venue

8.1.   If you are a consumer, please note that these Terms are governed by English law. This means an Order and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

8.2.   If you are a business, these Terms are governed by English law. This means that an Order, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

9.     Effect of Termination

In addition to the surviving clauses listed in Clause 15.3, Clauses 6, 7, 8, and 9 of this Annex A will survive termination.

B.                 United States – applicable to all Orders placed with www.lick.com/us We are Lick North America, Inc., a Delaware Corporation with a registered office address of 1209 Orange Street, New Castle, Delaware 19801. 

1.     Delivery

1.1.   Your Order will be fulfilled and delivered in accordance with and subject to the charges set out in the Shipping & Returns section of our Site as updated from time to time. 

 

1.2.   You are responsible for examining all delivered Products for defects before accepting delivery.

1.3.   Delivery to specific locations at the provided delivery address will be made according to the applicable carrier’s policies.

1.4.   For Orders placed with interest-free credit with Klarna, changes to shipping or billing address are subject to approval from Klarna and a result we cannot guarantee that such changes will be possible after the point of Order. Your providing of an address is part of the agreement formed between yourself and Klarna and so the final decision as to whether an address change is accepted lies with Klarna.

2.     Returns

2.1.   If you wish to return a Product, you will be responsible for the cost of the return shipping. For more information about returns, return shipping, policies that apply to specific items and other information regarding returns and refunds, please refer to our returns page on the Site.

 

2.2.   If you have returned the Products to us under Clause 2 due to defects or an inaccurate website description, we will refund the price of a defective Product in full, including any applicable delivery charges, and we will arrange for the return of the Products with no additional charge to you.

3.     Taxes

By placing an Order, you accept responsibility for all applicable taxes, including as applicable, sales, use, and other similar taxes, and you authorize us to charge you and collect all applicable taxes.

4.     Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify us, our affiliates and our and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Site or Products; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.

5.     DISCLAIMERS; NO WARRANTIES BY LICK

5.1.   THE SITE AND ALL CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL CONTENT AVAILABLE THROUGH THE SITE, INCLUDING (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

5.2.   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR FROM US OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING US OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

5.3.   THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS CLAUSE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. We do not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.

6.     LIMITATION OF LIABILITY

6.1.   TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

6.2.   EXCEPT AS PROVIDED IN CLAUSES 8.5 AND 8.6 BELOW, AND TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO US FOR PRODUCTS IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

6.3.   EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS CLAUSE 6 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

7.     Other Terms

7.1.   Promotional E-mails. We may send you e-mails concerning our products and services, as well as those of third parties. You may opt out of any promotional e-mails by following the unsubscribe instructions in the promotional e-mail itself.

7.2.   Text Messaging. You agree that we and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. Text messages may be sent using an automatic telephone dialling system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING TEXT MESSAGES FROM US, YOU CAN E-MAIL HELLO@LICKHOME.COMOR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM US, YOU CAN E-MAIL HELLO@LICKHOME.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Service.

7.3.   Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.

8.     Dispute Resolution and Arbitration

8.1.   Generally. Except as described in Clause 8.2 and 8.3, you and Lick agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LICK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

8.2.   Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

8.3.   Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Clause 8 within 30 days after the date that you agree to these Terms by sending an e-mail with the subject “ARBITRATION OPT-OUT” to notices@lickhome.com that specifies: your full legal name, the e-mail address you provided when you placed your Order, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Lick receives your Opt-Out Notice, this Clause 8 will be void and any action arising out of these Terms will be resolved as set forth in Clause 9. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

8.4.   Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.org, by calling JAMS at +1-800-352-5267 or by contacting Lick.

8.5.   Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by e-mail (“Notice of Arbitration”). Lick’s e-mail address for Notice of Arbitration is: notices@lickhome.com.[3] The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Lick may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Lick will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.

8.6.   Arbitration Proceedings. Any arbitration hearing will take place in New York, NY unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in New York, NY. During the arbitration, the amount of any settlement offer made by you or Lick must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

8.7.   Arbitration Relief. Except as provided in Clause 8.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Lick before an arbitrator was selected, Lick will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

8.8.   No Class Actions. YOU AND LICK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Lick agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

8.9.   Modifications to this Arbitration Provision. If Lick makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Lick’s e-mail address for Notice of Arbitration, in which case your account with Lick may be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

8.10.  Enforceability. If Clause 8.8 or the entirety of this Clause 8 is found to be unenforceable, or if Lick receives an Opt-Out Notice from you, then the entirety of this Clause 8 will be null and void and, in that case, the exclusive jurisdiction and venue described in Clause 9 below will govern any action arising out of or related to these Terms.

9.     Choice of Law and Venue

These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Lick submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, New York for resolution of any lawsuit or court proceeding permitted under these Terms.

10.  Effect of Termination

In addition to the surviving clauses listed in Clause 15.3, Clauses 4, 5, 6, 8, 9 and 10 of this Annex B will survive termination.