Terms and Conditions
House of Lucan is a trading name of Lucan Fashion Limited, a company registered in England and Wales under Companies House registration number 10734898 and VAT registration number 295329371. Our registered address is 70 South Lodge, Circus Road, London NW8 9EU.
We may modify the Terms from time to time. Please read the Terms and check the Site regularly. If you do not agree to any change to the Terms then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Lucan Fashion’s Terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Lucan Fashion, whose applications are acceptable to Lucan Fashion and who have authorized Lucan Fashion to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Lucan Fashion reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Lucan Fashion feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties but solely in order to process and authenticate payment and conduct appropriate anti-fraud checks.
Please refer to our Privacy and Data Protection for further information about how we use your data.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. We will store a record of your transactions for a minimum of one year.
Lucan Fashion offers products for sale that are in stock and available for dispatch. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time you may choose to make and Advance Payment for certain items which are not in stock. Your rights regarding Advance Purchase are the same as those for any other purchase through our site. Items not in stock we aim to deliver within six weeks.
Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. Lucan Fashion Limited is registered for VAT in the UK.
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Lucan Fashion Limited will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Lucan Fashion Limited.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
We accept Visa, MasterCard, American Express, Discover, Diners Club, JCBs cards, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to HouseOfLucan.com. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Lucan Fashion Limited, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. We explicitly do not store credit or debit card details on our To help ensure that your shopping experience is safe, simple, and secure, Lucan Fashion Limited uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
For deliveries within the UK postage and packaging is included with the price. Our website is presently unable to generate automatic quotations for delivery overseas. For overseas orders we will provide you with a quotation for postage within 24 hours at which time you will have the option to cancel the order and we will refund the payments as soon as is possible. See Cancellations.
We appreciate that once you have made a purchase you want it delivered to you as soon as possible. For larger orders we may use DHL or Parcelforce express service in place of the Royal Mail First Class service. Once we have dispatched your purchase we will send a confirmation email to you. Generally speaking deliveries will require a signature upon receipt except as noted in Acceptance of Delivery below.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. Generally speaking for items in stock our agents will aim to deliver within five working days of the day on which we accept your order if that item is in stock. If the item is not in stock we aim to deliver within six weeks of the day on which we accept your order. Lucan Fashion Limited is not responsible for any delays caused by destination customs clearance processes.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize 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 cancel your order and we will give you a refund for any goods you have paid for but not received.
ACCEPTANCE OF DELIVERY
We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Lucan Fashion Limited, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
Our delivery agents (being for the time being DHL and Royal Mail) can deliver to certain destinations without collecting a signature. If this option applies to your delivery address, you can update your preference on the shipping page at checkout before proceeding to purchase. Please note, that if no signature is collected, you agree to our Terms and conditions and, confirm that Lucan Fashion Limited can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery and take full responsibility for any loss or damage that may occur. On occasion, DHL may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
Lucan Fashion Limited insures each purchase during the time it is in transit until it is delivered to your specified delivery address. You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
If you receive a purchase and, within 14 days of receipt, would like to exchange it for either another size or a different product, you have two options:
- If the replacement item you wish to receive is available on the website you can purchase the replacement item and send the item you no longer want back to us for a refund following the process outlined below under “Returns”. Please return the item in the original box, securely covered or wrapped. It must not have been used and be in its original packaging with all tags and tickets still attached, and showing no signs of having been worn. Where items such as manufacturer tags, special packaging (including original shoe boxes, internal packaging and dust bags) are included with your purchase these must be returned along with your purchase as they constitute a part of the goods supplied
- Alternatively, you can email us at email@example.com to allow us to establish if the replacement product is available. If it is, we will then be happy to put it on hold until we receive the original product returned to us in the original box securely covered or wrapped as detailed above.
Once we have received the returned product we will dispatch the replacement product and, where appropriate, make any additional charge or refund to the credit or debit card used for the original purchase.
If you wish to cancel an order before you have been notified that it has been dispatched please call us immediately on 07855776045 or email us at firstname.lastname@example.org and we will halt dispatch organise for a full refund as soon as is reasonably possible.
Please note that as we aim to ship all orders where possible on the day of receipt of your order if your order has already been dispatched you can still cancel your order but you will have to follow the procedure below for returns once you have received your purchase.
If you receive a purchase and, within 14 days of receipt would like to return it for a refund less the cost of our delivery to you, we are happy to do so, as long as your purchase is returned to us in perfect condition.
Please complete the returns note that accompanied your purchase and place this, along with your purchase, in the original box which should be securely covered or wrapped and return to us at the following address:
Flat 70 South Lodge
The purchase you are returning will be refunded so long as it has not been used, is in its original packaging, has all of the tags and tickets still attached and shows no signs of having been worn. Where items such as manufacturer tags, special packaging (including original shoe boxes, internal packaging and dust bags) are included with your purchase these must be returned along with your purchase as these constitute a part of the goods supplied. Refunds will not be made where these items are not returned to us.
For your own protection you must return the package to us using a service that provides tracking and requires a signature upon receipt to ensure that we have received your return. In addition, we advise that you should take out sufficient insurance to cover the full cost of the purchase that is being returned in the event that your return is lost in the postal system.
Please retain the postage receipt showing the tracking information as you will require this to trace your package should the returned purchase not be received by us. Please note that the cost of returning your purchase is your responsibility and will not be added to the refund of your returned goods.
Refunds will be authorised once the returned purchase has been inspected and normally should take place within 1-2 working days of us receiving the returned item. Refunds will be made to the card originally used for your purchase.
Please email email@example.com if any of your purchases have been delivered without Lucan Fashion Limited tags. All returns should be requested before you send your item(s) back to us to allow for easy identification and prompt processing. Unidentified returns will be returned to the sender.
FAULTY OR DAMAGED GOODS
Goods are faulty if they are received damaged or where a manufacturing fault occurs within one month of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If your item is faulty when you receive it, you can return it for a full refund. Simply request a return through your account and send the faulty goods back to us within 14 days of receiving your order, with the tags attached.
If you discover a fault after this time, but within one month of purchase, you can still return it. Where possible, we will offer to repair the item. If it cannot be repaired and the same product is still available, we will send you a replacement. If the same product is no longer available, you are entitled to a full refund.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability.
We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your Lucan Fashion Limited account.
We have made every effort to display as accurately as possible the colours of our products that appear on Lucan Fashion Limited. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site including all HTML and other code contained in this Site (collectively the “Matter”. All such Matter is protected by national intellectual property and other laws and international treaty provisions. You are permitted to use such Matter only as expressly authorized by Lucan Fashion. Any publication, reproduction or redistribution of such Matter above listed Content is prohibited and may result in civil and criminal penalties, except in so far as any such copying is solely for personal use.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis.
You have certain rights under the law. In England these include:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).
Nothing in the Terms is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
PRIVACY, DATA AND MARKETING
Please see our separate note on Privacy and Data Protection.
LIMITS ON LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see “Your Rights” above).
If Lucan Fashion Limited fail to comply with the Terms, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the Terms. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and Lucan Fashion Limited knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us Lucan Fashion Limited harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Lucan Fashion Limited as a result of the Terms or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Lucan Fashion Limited, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
COMPLAINTS AND GOVERNING LAW
If you have a complaint about us email firstname.lastname@example.org giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The Terms together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction.
We shall not be liable to you or be deemed in breach of these Terms by reason of any delay in performing, or any failure to perform any of their respective obligations under these Terms, if the delay or failure was due to any cause beyond our reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials. Failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the Terms.
We reserve the right to refuse to enter an agreement with any individual, without providing reasons for this refusal.
These Terms do not and shall not affect your statutory rights as a consumer.
LAW & JURISDICTION
These Terms are governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts.
RIGHTS TO VARY Terms
We retain the right to vary these Terms without notice to you but will update them on this website.
PRIVACY DATA & MARKETING
This website is owned and run by Lucan Fashion Limited (“we”, “our”, “us”). If we use the term “our Group”, this means us and our subsidiaries, our ultimate holding company and its subsidiaries (or any of them). The term “our online services” refers to Lucan Fashion, House of Lucan our pages on third party social media platforms such as Instagram, Facebook, Twitter, and Google+ and any other websites or apps we own or run from time to time. The term “our services” refers to our online services and any of our other products and services, offered from time to time. If you use any of our services, we will refer to you using the Terms “user”, “visitor”, “you”, “your”, “yours” in this policy.
We collect personal information about you when you register or subscribe for one of our services, place an order, buy a gift voucher, use our online services, interact with us in any other way, such as via social media, click on an advert that we put on our or someone else’s website, use our Personal Shopping services, ask for information or assistance, give us a testimonial or other feedback, comment on any blogs or articles featured in our services, attend an event that we run or sponsor, enter competitions or special promotions, sign up for our special offers or other updates, participate in research panels or fill in surveys. By registering, subscribing or using our services, you consent to the use of your personal data in line with this policy. We may also receive information about you from our Group and from third parties, with whom we have a business relationship.
The information we collect and hold about you may include your name, email address, phone and mobile phone numbers, home address, shipping and payment card billing address, IP address, search criteria, shopping history, shopping preferences, sizings, responses to research panels and surveys, the type of browser you use (a browser is the program you use to look at websites, such as Internet Explorer, Firefox or Safari), the times when you access the site and for how long, your referring URL (the site you come from to reach our website), cell IDs (these are the unique identifiers of the telecommunications towers being used by your mobile phone when you use our locations-based services on your mobile phone or tablet) and other location information (for example, GPS measurements), photographs and other content you share with us when you use our services, date of birth, password details, answers to security questions and any other information you may give us.
We may record or monitor calls that you receive from us or make to us. We do this for security and training purposes, and to improve the services we provide to you.
HOW THIS INFORMATION MAY BE USED
Whenever you give us your personal information we will use it in accordance with applicable privacy laws and for the purposes set out in this policy, on the data entry forms you complete, in any relevant Terms and conditions and on pages or emails which link to the data entry forms.
When you use our services: If you use any of our services, register for or attend one of our events, set up, look at or change your account details or contact your personal shopper or a member of our Customer Care team, we will record your personal details. Your information will be used in the first place to provide the products, services or information you have asked for and to provide you with a personalized shopping experience. We keep the information you provide and may use it for several purposes, including: (i) accounting, billing, reporting and audit; (ii) credit checking or screening; (iii) authentication and identity checks; (iv) credit, debit or other payment card verification and screening; (v) debt collection; (vi) safety, security, health, training, administrative and legal purposes; (vii) data matching and dedupe, statistical and market analysis, and marketing information; (viii) advertising and marketing for us, our Group and third parties; (ix) developing, testing and maintaining systems; (x) studies, research and development; (xi) customer surveys; (xii) customer care and to help us in any future dealings with you, for example by identifying your requirements and preferences; (xiii) where required by law or in connection with legal proceeding or disputes; and (iv) any other uses set out in the Terms and conditions for use of our services. For these purposes we may disclose your information to one or more of the other organisations listed in the section called “who we will share your personal information with”.
Saved payment card details will only be shared with our payment partner and not with any other third parties and will only be used to process your order, using our payment partner’s systems.
We may also use your personal information to send you marketing updates, as detailed in the next section.
Tracking how our online services are used: We collect, and use third parties to collect and share with us, information from lots of visitors to our online services and analyse it to build up a picture of how people use our websites. This helps us improve the services we offer. We may also give anonymous statistics about visitors to other, reputable organisations, but the information we provide will not include details that would allow these organisations to identify you.
Testimonials: If you give us feedback, we may use it to improve our services and we may publish it online or offline to promote our business and our services. We will ask for your permission before we publish it.
Comments and reviews submitted to our online services: If you wish to submit a comment or feedback on a blog or article featured on our services, we may (but are not obliged to) publish your comment online or offline to promote our business and our services. We will collect your name or username which will be displayed next to your comment and e-mail address, which will not be published, but which we may use to contact you in relation to your comment.
Direct marketing: For information on how we may market to you, please read the section called “opt-out of marketing”.
WHO WE WILL SHARE YOUR PERSONAL INFORMATION WITH
From time to time, we may engage third party business partners to provide information about you or to collect personal information on our behalf. We may also share or match your data with third party business partners to provide you with the products, services or information you ask for or for interest-based advertising. We may pass your information onto one or more of the following organisations: (i) data processing companies, mailing houses and other third party suppliers working on our Group’s behalf; (ii) ad-serving agencies and other advertising intermediaries; (iii) credit reference or fraud prevention agencies, which may keep a record of that information; (iv) research students, universities and other research and development organisations; (v) regulatory bodies, government and enforcement agencies, such as the police.
Every now and again, we receive requests for information from government departments, the police and other enforcement agencies. If this happens, and there is a proper legal basis for providing your personal information, we will provide it to the organisation asking for it.
We collate information about site traffic, sales, wish lists, and other commercial information which we may pass onto third parties, but this information does not include any details which can identify you personally.
WHERE WE PROCESS YOUR PERSONAL INFPORMATION
When we use your information as described in this policy, this may involve sending your information outside the European Economic Area (EEA). When we do this, we make sure that appropriate steps are taken to protect your personal information and your rights. By providing us with your personal information, you agree that we may transfer, store and process your information outside the EEA. Governments in certain countries such as the USA have broad powers to access data for security, crime prevention and detection and law enforcement purposes.
OPT OUT OF MARKETING
We offer you the chance to receive news and fashion updates which, depending on your preferences, we will discuss with you by phone or live chat or send to you via email, SMS and/or direct mail. These include alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions. You can opt-out of receiving these updates, if you wish.
We, or our third party business partners, may also ask you if you want to receive marketing if you enter a promotion or attend an event thrown or sponsored by us. Other companies in our Group may also pass your personal information to us for marketing use. Marketing communications you subscribe to will only be sent by our Group.
You have the right to ask us not to use your personal information for marketing. At all times, we will offer you the opportunity to unsubscribe from any service or update to which you have subscribed, if you change your mind. Whenever you receive direct marketing from us, we will tell you how to unsubscribe. Alternatively you can change your marketing preferences by logging into My Account. To opt out of direct mail, please contact our Customer Care team:
If you tell us that you do not want to receive direct marketing, we will still contact you in order to provide you with products and services you request and for administration purposes.
SAFEGUARDING YOUR PERSONAL INFORMATION
We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided to us. We have put in place technology and security policies which are designed to protect the personal information we hold about you. We also follow the security procedures that applicable privacy laws require. These cover storing, using and releasing any information you have provided and, as well as measures designed to prevent unauthorised access or use. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us to protect it from unauthorised use.