Terms & conditions
Welcome to Le Pham!
Effective Date: 09/13/2021
This page, along with our Privacy Policy and Cookie Policy, provides important information about us and the terms under which we sell products listed on our website.
By ordering from our website, you agree to these terms and conditions, which form a contract between us and you. Please read them carefully before making a purchase. If you do not agree to these terms, you will not be able to place an order.
We may update these terms periodically. Check these terms each time you order to ensure you understand the current terms, which will apply to your purchase.
If we need to revise these terms after you have placed an order, we will notify you in advance. You will have the option to cancel the contract if you are not satisfied with the changes. You can cancel for all or part of the order and return any products already received for a full refund, including delivery fees
All terms and contracts between us are in English.
OUR CONTRACT WITH YOU
Our online shopping pages will guide you through the process of placing an order. You will have the opportunity to review and correct any errors before submitting your order. Please ensure you carefully review your order at each stage of the process.
Upon placing an order, you will receive an email from us acknowledging receipt. This acknowledgment does not constitute acceptance of your order. Our acceptance occurs when we send you an email confirming the dispatch of your products, at which point a contract will be formed between you and us.
If we are unable to accept your order, we will notify you in writing and provide a full refund. This may occur due to product unavailability, unforeseen resource limitations, pricing or description errors, or the inability to meet specified delivery deadlines. We reserve the right to decline any order at our discretion.
An order number will be assigned and communicated to you upon acceptance of your order. Please reference this number in all communications regarding your order.
OUR PRODUCTS
Please be advised that products may exhibit slight variations from their depictions. The images presented on our website serve illustrative purposes only. Despite our diligent efforts to display colors accurately, we cannot guarantee that your device’s display will precisely reflect the product’s true colours. Consequently, your product may appear slightly different from the images shown.
Additionally, product packaging may differ. The packaging depicted on our website may not accurately represent the packaging of the product you receive.
MODITIFACTIONS TO YOUR ORDER
Should you wish to amend your order after it has been processed, please contact our Customer Service team directly. We will inform you if the requested modification is feasible. If so, we will communicate any necessary adjustments to the product price, delivery schedule, or other relevant factors resulting from the change. You will be asked to confirm whether you wish to proceed with the modification. The preferred method for contacting our Customer Service team is via email at info@lepham.co.uk or by completing the form here.
PROVIDING THE PRODUCTS
The cost of delivery will be as displayed on our website. Estimated delivery times are detailed on our Shipping information page, and we aim to dispatch products within 48 business hours of your order. Deliveries occur Monday-Friday. We are not responsible for delays outside our control, including customs clearance processes.
We insure each order during transit until delivery to your provided address. Responsibility for the product transfers to you upon delivery, and ownership transfers upon full payment.
We may require certain information to supply the products. If you do not provide the necessary information timely, we may terminate the contract and will not be responsible for late or incomplete delivery.
We may suspend product supply to address technical issues, update the product for legal compliance, or implement requested changes. We will notify you in advance unless the issue is urgent. You may terminate the contract if the suspension exceeds 30 days, and we will refund any advance payments for the suspended period.
You may cancel your order if we miss the delivery deadline and any of the following apply:
- we refuse to deliver the products.
- timely delivery was essential.
- you informed us that timely delivery was essential before we accepted the order.
Alternatively, you may set a new delivery deadline and cancel the order if we fail to meet it. You can cancel part or all of the order, and we will cover return costs and refund payments for the cancelled products and their delivery.
INTERNATIONAL DELIVERY
We deliver to the countries listed on our Shipping information page, subject to certain restrictions on specific products for certain International Delivery Destinations. Review the information on that page before placing an order.
Orders shipped to International Delivery Destinations may incur import duties and taxes upon arrival. We do not control or predict these charges.
You are responsible for paying any such import duties and taxes. For further information, please contact your local customs office before placing an order.
Compliance with all applicable laws and regulations of the destination country is your responsibility. We are not liable for any breaches of such laws.
YOUR RIGHT TO TERMINATE THE CONTRACT
You may terminate your contract with us at any time. Your rights upon termination will vary depending on the nature of the product, any defects, our performance, and the timing of your termination:
- Faulty or Misdescribed Products: You may have a legal right to terminate the contract, or request repair, replacement, or a refund.
- Our Actions: If terminating due to our actions or notifications, refer to the relevant clause.
- Change of Mind: If within the cooling-off period, you may receive a refund subject to deductions and return costs.
If terminating for the following reasons, the contract ends immediately with a full refund for undelivered products and potential compensation:
- Notification of a product or term change you disagree with.
- Notification of a pricing or description error.
- Risk of significant delay due to uncontrollable events.
- Suspension of product supply for technical reasons exceeding 30 days.
- Legal right due to our fault.
Consumers have a 14-day legal right to cancel from the day after receiving the goods, or the last delivery in the case of multiple deliveries. During this period, you may notify us of your decision to cancel and receive a refund.
To terminate the contract in accordance with the Consumer Rights Act 2015, please adhere to the following procedure:
Contact our Customer Service team at info@lepham.co.uk or complete the form available [here]. Kindly provide your name, residential address, order details, and optionally, your telephone number and email address.
Should you decide to terminate the contract after the products have been dispatched or received, you must return them to us no later than 14 days following the day on which you receive our “Request Authorised” email notification. The products must be returned via a secure method ensuring their safe and unused condition, at your own expense, to: Le Pham, 5A Lyme Terrace, London NW1 0SN, United Kingdom, or as stipulated in the clause below.
We will cover the return costs under the following circumstances:
If the products are defective or misdescribed.
If you terminate the contract due to a forthcoming product change, an error in pricing or description, delivery delay due to external events, or if you have a legal entitlement to do so because of our error.
Regardless of the reason for termination (including exercising your right to withdraw), you are responsible for the return costs.
You will receive a refund for the product price and delivery charges using the original payment method. Deductions may apply as outlined below:
- We may reduce the refund amount (excluding delivery costs) to account for any decrease in the product’s value caused by improper handling that would not be acceptable in a retail setting. If we refund you before inspecting the goods and subsequently find they were handled improperly, you may owe us an appropriate sum. Hence, we recommend insuring the products during return shipment.
- The maximum refund for delivery costs will not exceed the expense of our least expensive delivery method. For instance, if a product can be delivered in 3-5 days at one price but you opt for 24-hour delivery at a higher cost, we will reimburse you only the lower delivery option cost.
Refunds will be processed promptly, within 14 days from the date we receive the returned products or from the date you provide proof of dispatch.
It is advisable to retain proof of shipment for returned products. If we do not receive the returned products, arrangements will be made for their collection at your expense.
If you choose to exercise your right to withdraw, you may utilize our complimentary return and exchange collection service. To initiate this process, obtain a Return Merchandise Authorization (RMA) number within 14 days of receiving the goods and return the unwanted items within 14 days of receiving your RMA number. You may exchange the item for the same model in a different size, subject to availability. Shipping for replacement items is free of charge.
OUR RIGHT TO TERMINATE THE CONTRACT
We reserve the right to terminate the contract if you breach its terms. Additionally, we may terminate the contract for a product by notifying you in writing if you fail to provide us with necessary information within a reasonable timeframe to facilitate the provision of the products, or if you do not allow us to deliver the products within a reasonable timeframe.
REPORTING PROBLEMS WITH THE PRODUCTS
To report any issues or queries regarding our products, please contact us. You can reach our Customer Service team via email at info@lepham.co.uk or by completing the contact form provided [here].
PRICE & PAYMENT
The price of each product, inclusive of VAT as specified below, is indicated on the order pages when placing your order. Prices exclude any applicable customs duty charges that may arise upon the products’ arrival at international delivery destinations. We strive to ensure the accuracy of prices quoted to you. However, refer to the clause below for procedures in case of pricing errors.
Product prices may vary periodically, but such changes will not affect any orders already placed. Delivery charges are not included in the product price. These charges are communicated to you during the checkout process before order confirmation.
You have the option to view prices in GBP, EUR, and USD. Prices displayed include UK VAT where applicable at the current rate. If shipping to a country within the European Union but outside the UK, prices include VAT. For all other countries, prices are shown excluding VAT as no VAT applies to these transactions.
Should there be a change in VAT rate between your order date and the product delivery date, we will adjust the amount of VAT payable unless the product has been fully paid for before the change takes effect.
Despite our efforts, pricing errors may occur. We typically verify prices before accepting your order. If the correct price of a product at the time of your order is lower than our stated price, we will charge the lower amount. Conversely, if the correct price exceeds our stated price, we will contact you for further instructions. In cases where an obvious pricing error has led to order acceptance and processing, we reserve the right to terminate the contract, refund any payments received, and request return of the goods supplied.
We accept payment via the following debit or credit cards only: Mastercard, Visa, Visa Electron, UK Maestro, and Amex. Payment must be made in full before product dispatch. By confirming your order, you affirm that the credit/debit card used belongs to you. All card transactions are subject to validation checks and authorisation by the card issuer. We are not liable for any delays or non-delivery resulting from the card issuer’s refusal to authorise payment, and we are not obligated to disclose the reasons for such refusal.We are not responsible for your card issuer or bank carrying you as result of our processing of your credit/debit card payment in accordance with your order.
USE OF PERSONAL INFORMATION
Your personal information is used strictly in accordance with our Privacy Policy and Cookie Policy. Please review these policies as they contain important terms applicable to you.
OUR LIABILITY
We are liable for losses or damages you suffer that are a foreseeable consequence of our breach of these terms or our negligence. However, we supply products solely for domestic and private use. Therefore, we assume no liability to you for any loss of profit, business interruption, or loss of business opportunity resulting from your commercial, business, or resale use of the products.
Our liability does not exclude or limit:
- Death or personal injury caused by our negligence.
- Fraud or fraudulent misrepresentation.
- Breach of terms implied by the Sale of Goods Act 1979 (title and quiet possession).
- Breach of terms implied by the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose, and samples).
- Defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
We are not liable for any failure or delay in performing our obligations under the contract if caused by an Event Outside Our Control. Such events include but are not limited to strikes, lock-outs, natural disasters, or governmental actions.
If an Event Outside Our Control affects our ability to fulfill our obligations under the contract:
- We will promptly notify you.
- Our obligations will be suspended, and the performance timeline extended for the duration of the Event Outside Our Control.
- If product delivery is affected, we will arrange a new delivery date with you once the Event Outside Our Control concludes.
If an Event Outside Our Control persists for more than 30 days, you have the option to cancel the contract. If you choose to cancel, you must return any received products at our expense, and we will refund all payments made, including delivery charges.
COMMUNICATION BETWEEN US
When we refer to “in writing” in these terms, it shall include email correspondence.
For Consumers: You may contact us as outlined in the clause above.
For Businesses: Any notice or communication given under or in connection with the contract must be in writing and delivered personally, sent by pre-paid first-class post or another next working day delivery service, or by email. Such notice or communication will be deemed received as follows:
- If delivered personally, when left at our registered office.
- If sent by pre-paid first-class post or another next working day delivery service, at 9:00 am on the second business day after posting.
- If sent by email, one business day after transmission.
In proving the service of any notice, it is sufficient to demonstrate, in the case of a letter, that the letter was properly addressed, stamped, and placed in the post, and in the case of an email, that the email was sent to the specified email address of the addressee. This clause does not apply to the service of any legal proceedings or other documents in any legal action.
USE OF THE WEBSITE
If you register an account with us, you are responsible for maintaining the confidentiality of your username and password and for all activities conducted under your credentials. You agree to notify us immediately via email at info@lepham.co.uk if you become aware of or suspect any unauthorized use of your username or password.
In using the website, you confirm:
- All information and details provided by you are true, accurate, and up to date. You can update or correct your personal details anytime by amending your account details within your registered account.
- You will comply with the restrictions on your use of the website as set out in these terms.
You agree not to:
- Use the website for any unlawful purpose or in any manner that interrupts, damages, impairs, or renders the website less efficient.
- Access or attempt to access other users’ accounts or penetrate or attempt to penetrate the website’s security measures.
You agree to fully compensate us if:
- A claim or legal proceeding is brought against us by any other person due to your breach of these terms; and/or
- You have acted negligently, recklessly, or in a deliberately harmful way, causing us to suffer losses as a result of your use of the website or any content you submitted.
We reserve the right to suspend, restrict, or terminate access to the website or any part of it at any time without notice. We strive to ensure the website’s availability but do not guarantee it will be uninterrupted or error-free.
We own or license all website design, text, graphics, and software. “Le Pham” is a registered trademark of Le Pham Ltd. Other trademarks and logos displayed on the website are either owned by Le Pham Ltd. or third parties. Your use of the website and its content grants no rights regarding our intellectual property or that of third parties.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public, or distribute in any way the web pages, materials on the website, or the computer codes comprising the website, except for your personal use. You may download unsubstantial excerpts of this content for viewing purposes, provided no more than one copy of any information is made.
Any use beyond the permitted must have our prior express permission. You may link to our home page provided you do so fairly, legally, and without damaging or exploiting our reputation or suggesting any form of association, approval, or endorsement on our part. You may not frame our website or create links to any part of our website other than the home page without our written permission, which we may withdraw at any time.
Our website may contain links to other websites provided by third parties for your information only, and such links do not constitute endorsements by us. We have no control over these third-party websites and accept no responsibility for them or any loss or damage that may arise from your use of them.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these terms. You may transfer your rights or obligations under these terms to another person only with our written consent. This contract is between you and us; no other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Each paragraph of these terms operates separately. If any court or relevant authority deems any part unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
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 delay in doing so, this does not mean we have waived our rights against you and does not mean 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 it will not mean we will automatically waive any later default by you.
For Consumers: These terms are governed by English law. Any contract for the purchase of products through our site and any dispute or claim arising from it will be governed by English law. Both parties agree to the non-exclusive jurisdiction of the courts of England and Wales. 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.
For Businesses: These terms, and any contract or dispute or claim arising from it or its subject matter (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales. Both parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising from a contract or its subject matter (including non-contractual disputes or claims).