Terms & Conditions

UPDATED: 1st June, 2016

LOVESPACE DEFERRED DELIVERY TERMS AND CONDITIONS

Where applicable, these terms and conditions will supersede the standard LOVESPACE terms and conditions.

The LOVESPACE Deferred Delivery service can be used across Mothercare’s entire available product range, including both branded and mothercare own-brand products.

When you are ready to take delivery of some or all of your goods you can either give LOVESPACE a call or arrange delivery via your online account. You can request delivery of your non 2-man goods right up to the day before you need them, Monday to Friday.  Should your order contain a product requiring Two Man delivery, all of your stored goods will need to be delivered at the same time and require up to 2 weeks’ notice of delivery.

LOVESPACE is offering its Deferred Delivery service to mothercare customers for a monthly fee of:

£9.95 for non 2-man items

£14.95 for 2-man items

This monthly fee includes:

  • The transfer of products purchased from mothercare to LOVESPACE.
  • Storage of your goods with LOVESPACE
  • Insurance of those goods while in storage up to a total and maximum value of £5000.

Delivery by LOVESPACE of your goods to you, anywhere in mainland UK will be charged at the following rates:

£10 for non 2-man goods (up to two deliveries)

£20 for 2-man goods (one single delivery)

Deliveries to non-mainland UK addresses will incur additional charges.

It is important that you have read and understood the following terms and conditions which govern your use of the LOVESPACE Deferred Delivery service:

  • LOVESPACE shall have no liability for any expenses, claims, damages or other costs (whether direct or indirect) arising from late or non-delivery.
  • Once mothercare has dispatched your goods to LOVESPACE, the first month’s fee for this service shall become payable direct to LOVESPACE. This fee is non-refundable.
  • Should you subsequently decline to make payment for the storage service within 14 days of your goods being delivered to LOVESPACE, LOVESPACE will arrange delivery of your goods to the nominated delivery address given at the time of purchase.

 

  • If you decide that you want to return your goods to mothercare under their refund and returns policy (see reverse of your till receipt, online at mothercare.com or in their catalogue for details), LOVESPACE will deliver the returned goods to mothercare on your behalf, following mothercare’s approval.  The cost of returning your goods to mothercare will be covered by the one off non-refundable fee of the first month’s storage that you paid to LOVESPACE plus the relevant delivery fee.
  • You acknowledge and agree that any guarantees and/or warranties that apply to your products will start running from the date of purchase and may not be extended.
  • The standard mothercare refunds and returns policy (see reverse of your till receipt, online at mothercare.com or in their catalogue for details) applies to all goods on which you choose to defer delivery. Mothercare’s returns and refund period shall start running from the date of purchase of your goods. Your statutory rights are not affected
  • These terms and conditions are governed by English law and you submit to the jurisdiction of the English courts.

 

LOVESPACE STANDARD TERMS AND CONDITIONS

ACCEPTANCE OF TERMS: Please read these Terms of Service carefully to be sure that you understand them. By using the Service, you are agreeing to these Terms of Service. Your attention is particularly drawn to clauses 15 (Disclaimer) and 16 (Liability).

  1. This Agreement
    • This Agreement is made between us, LOVESPACE Limited (a company registered in England under number 07694327 with its registered office at Unit 2.08, 60 Gray’s Inn Road, London, WC1X8LU) (“LOVESPACE”), and you, the person who wishes to use the Service and who enters into this Agreement by accepting these Terms of Service (“you” and “your”).
    • You must be at least 18 years old to use the Service. By registering to use the Service, you represent and warrant that you are 18 years of age or older.
  1. Definitions
    • In these Terms of Service, the following words have the following meaning:
      • “Agreement” means the agreement entered into by you and LOVESPACE for the provision of the Service on these Terms of Service;
      • “Donation Container” means a Storage Container for you to fill with items which you wish to donate to Oxfam;
      • “Goods” means the items which you pack into Storage Containers for storage by LOVESPACE, or into Donation Containers for delivery to Oxfam;
      • “Packaging Requirements” means LOVESPACE’s packaging requirements from time to time, as set out here;
      • “Service” means the services referred to in clause 6.1;
      • “Site” means LOVESPACE’s website at lovespace.co.uk;
      • “Storage Container” means a storage box which LOVESPACE supplies to you, or a box, case or bag which you provide in accordance with clause 8.3, in either case for packing, transporting and storage of your Goods.
  1. Terms of service
    • In order to use the Service, you must agree to these Terms of Service. You may not use the Service if you do not accept these Terms of Service. Your use of the Service will be taken as acceptance of these Terms of Service.
    • LOVESPACE may refuse or may cease to provide the Service where LOVESPACE considers that it is or may be used in breach of these Terms of Service, or for any unlawful or improper purpose or for any other reason.
    • LOVESPACE may change these Terms of Service from time to time. LOVESPACE will notify you of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to the Terms of Service will come into force on the date stated in the notice which shall not be less than ten days from when notice is given. If you use the Service after changes to the Terms of Service have come into force, you will be taken to have agreed to the changes. If you do not agree to the changes, then you may terminate this Agreement under clause 21.
  1. Your information
    • In order to use the Service, you will be required to provide information about yourself (such as identification and contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to LOVESPACE will always be accurate, correct and up to date.
    • LOVESPACE processes information about you in accordance with its Privacy and Cookies Policy. By using the Service, you consent to this processing.
  1. Password and security
    • When first signing up to use the Service, you will be required to choose a username and password as part of the Service’s registration process. You can log into your account and change your password at any time. You are responsible for maintaining the confidentiality of your username and password, and are responsible for all activities that occur under your account.
    • You shall:
      • keep your username and password strictly confidential and take all reasonable steps to ensure that nobody other than you accesses the Service using your username and password;
      • promptly notify LOVESPACE if you become aware or suspect that your username and password have become known to someone else.
  1. The Service
    • In return for the charges payable under this Agreement, as and when requested by you from time to time, LOVESPACE shall:
      • where you request, deliver one or more empty Storage Containers and other packing materials to the ground floor of your specified delivery address;
      • where you request, deliver one or more Donation Containers to the ground floor of your specified delivery address, save that the delivery of Donation Containers shall be limited to one Donation Container for every three Storage Containers requested by you per order. You agree that you will not pack any Donation Container with any electrical items, medical equipment, anything broken, soiled, incomplete or unsafe, any safety headgear or any items which are listed in clause 9.3;
      • collect the Storage Containers packed with your Goods and (where applicable) the Donation Containers, in each case suitably prepared for transport, from the ground floor of your specified collection address on the collection date chosen by you on the Site;
      • transport the Storage Containers packed with your Goods or your Goods otherwise suitably prepared for transport to LOVESPACE’s storage facility and store them there;
      • return each Storage Container packed with your Goods to the ground floor of your specified return address on the date chosen by you on the Site; and
      • transport any Donation Containers packed with your items to Oxfam’s donation point.
    • You agree that the number of Storage Containers that you requested on the Site be collected shall be conclusive as to the number of Storage Containers collected by LOVESPACE, subject to any change to the number that may be made at the time of collection.
    • You agree that if you arrange for a delivery, collection or return on a Saturday or Sunday or in a specific time slot on any day, additional fees as set out on the Site from time to time shall be payable.
    • You agree that any Goods placed by you in a Donation Container are given away by you to Oxfam and, once collected by LOVESPACE, will no longer be your property and will not be returned to you.
    • LOVESPACE will not deliver, collect or return Storage Containers to an address outside of mainland UK, unless LOVESPACE agrees to do so in writing.
    • Times given by LOVESPACE on the Site or otherwise for delivery, collection or return are estimates only and LOVESPACE shall not be liable for any delay in delivery, collection or return.
    • LOVESPACE may cancel or postpone any delivery, collection or return where LOVESPACE considers that it may endanger any employee, agent or contractor or member of the general public due to (including but not limited to) severe weather conditions or by reason of LOVESPACE having limited access to your specified delivery, collection or return address.
    • LOVESPACE will not be responsible for:
      • dismantling or assembling any unit, system or furniture (including flat pack);
      • disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment; or
      • packing Goods into Storage Containers or Donation Containers.
  1. Your responsibilities
    • You will be responsible for:
      • obtaining and ensuring that LOVESPACE or its carrier have such access and parking facilities as may be reasonably required to carry out the Services;
      • being present, or ensuring that someone authorised by you is present, during the delivery, collection and return of the Storage Containers;
      • providing LOVESPACE with your contact details and ensuring that these are accurate and up-to-date;
      • notifying LOVESPACE of any changes regarding your orders by 3 pm the day before the:
        • delivery of your materials;
        • collection of your Storage Containers; or
        • return of your Storage Containers,
    • or, where such delivery, collection or return is scheduled on a Monday, by 3pm the Friday before.
      • ensuring that:
        • the Goods have been securely packed into Storage Containers in accordance with our Packaging Requirements from time to time and are suitably prepared for transport and storage so as not to cause damage or injury or the risk of damage or injury to LOVESPACE’s property, employees, agents, contractors or other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise. In particular, if the Goods are fragile you must ensure they are thoroughly bubble wrapped in multiple layers and carefully packed; and
        • each Storage Container is labelled with the specific label provided by LOVESPACE which is affixed securely with tape; and
        • informing LOVESPACE within two working days of any loss or damage to the Goods or your property that occurred during a delivery, collection or return service. You acknowledge that LOVESPACE will not be responsible for any loss or damage if you fail to inform LOVESPACE within such time period.
  1. Storage Containers
    • Storage Containers may be supplied by LOVESPACE or may be provided by you.
    • Storage Containers supplied by you must be in accordance with LOVESPACE’s Packaging Requirements. LOVESPACE reserves the right to reject any Storage Container which is not in accordance with the Packaging Requirements. LOVESPACE shall not be responsible for any loss or damage to Goods which are not packed in accordance with the Packaging Requirements.
    • Storage Containers which you provide must be:
      • in good condition, sturdy and suitable for transport and storage of the Goods;
      • in respect of dimensions, the same as or less than the dimensions of the Storage Containers supplied by LOVESPACE which are 610x610x610mm. If you wish to provide a Storage Container which has one side or more that is greater than 610mm, LOVESPACE’s standard storage charge may not apply and you should contact LOVESPACE for a quote.
    • No Storage Containers, whether supplied by LOVESPACE or by you, should exceed the maximum weight limit of 25kg. Any containers exceeding the maximum weight limit will be subject to the following :
      • A penalty for the item being overweight, whereby any container exceeding the maximum weight limit of 25kg will incur a penalty fee of £30 plus £1 per kilo per box in excess of 25kg, applicable per order containing one (or more) item(s) that are overweight;
      • LOVESPACE reserves the right to repack the over-weight storage containers into one (or more) Storage Containers that each weigh no more than 25kg. A charge for any packing or repacking T&M (Time and Materials) required to repack the over-weight containers into one (or more) Storage Containers, weighing no more than 25kg each, will apply. The materials utilised will be charged in full in accordance with the price in force at the time of placing the original order the boxes in question pertain to. The repacking fee to cover for the time and effort of the warehouse staff applies as a flat rate of £5 for up to 10 boxes, and an additional £1 per box for any further boxes; and/or
      • A change to the pricing plan contract may apply if the total number of boxes in an order is changed. Where the total number of boxes is reduced a credit may be applicable if the total monthly storage price is lower than the monthly storage price originally paid for. In the event of an increase in the total number of boxes in the order then charges may be applicable if the total monthly storage price is higher than the monthly storage price originally paid for,
    • LOVESPACE, or any delivery partner acting on LOVESPACE’s behalf, may at any time :
      • refuse to collect any Storage Container supplied by you;
      • redeliver, at your cost, any Storage Container supplied by you; or
      • repackage, at your cost, any Storage Container,
    • if it reasonably considers that the Storage Container does not comply with the Packaging Requirements or this clause 8 or that the Goods have not been securely packed in accordance with clause 7.2.1.
      • If you wish to store any Goods that do not fit into a Storage Container, you must inform LOVESPACE and obtain LOVESPACE’s consent to the storage of those Goods before arranging for their collection.
      • If LOVESPACE, or any delivery partner acting on LOVESPACE’s behalf:
        • collects any Storage Container supplied by you; or
        • redelivers any Storage Container supplied by you,
    • Despite the fact that such Storage Container does not comply with the Packaging Requirements or this clause 8 or that the Goods have not been securely packed in accordance with clause 7.2.1, you will be liable for any damage or injury to LOVESPACE’s property, the property of third parties, employees, agents, or contractors as a result of your failure to comply with this clause 8 or clause 7.2.1 as applicable.
  1. The Goods
    • You warrant that the Goods are your own property or that you have the right and authority to store the Goods in accordance with this Agreement.
    • LOVESPACE does not warrant that the storage facility used by LOVESPACE is a suitable place or means of storage for any particular goods.
    • The Goods must not include and you must not store any of the following in the Storage Containers:
      • Liquids and semi-liquid foods in glass containers.
      • All perishable goods.
      • Non-perishable food unless packed so that they are protected from and do not attract vermin.
      • Antiques (breakable and fragile).
      • Birds, fish, animals or any other living creature.
      • Explosive weapons or ammunition.
      • Sharp knives or other kitchen implements unless blade is fully protected with a suitable material.
      • Combustible or flammable materials, liquids or compressed gases, including but not limited to, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents.
      • Chemicals, radioactive materials, biological agents, including household cleaners.
      • Toxic waste, asbestos or other materials of a dangerous nature.
      • Any other toxic, flammable or hazardous substance or preparations, classified as such under applicable law.
      • Specialized equipment with electronic and/or fragile components.
    • You agree that LOVESPACE or any contractor acting on LOVESPACE’s behalf may at any time without notifying you open any Storage Container to inspect the Goods:
      • if LOVESPACE reasonably believes that it may contain any items described in clause 9.3;
      • if LOVESPACE is required to do so by the police, fire services, local authority or by court order;
      • in order for LOVESPACE to investigate title to the Goods in the event of any dispute;
      • where LOVESPACE considers it necessary in an emergency (including but not limited to suspicion of hazardous substances, or unidentified items) or to prevent injury or damage to persons or property;
      • where LOVESPACE considers it necessary if there is excess weight or inappropriate packing materials used by you; and
      • if LOVESPACE reasonably believes that the Goods have become unsecure in the Storage Container and, in such circumstances, LOVESPACE may repack the Storage Container.
    • LOVESPACE may:
      • refuse to store any Goods; or
      • return to you any Goods, at your cost, at any time,
    • if, in LOVESPACE’s reasonable opinion, the storage, or continued storage, of the Goods would represent a risk to the safety of any person, the security of the storage facility, or any other goods stored at the storage facility.
      • You agree that if title to the Goods is subject to any third party claim:
        • LOVESPACE has the right to investigate the title and be satisfied as to such title before returning the Goods; and
        • LOVESPACE may keep possession of the Goods until it has completed any investigation as to title in accordance with clause 9.6.1.
  1. Restrictions
    • You must not:
      • use the Service in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;
      • sub-license, re-sell or offer in any manner, to a third party, the Service or use of or access to the Service, whether for commercial gain or otherwise unless LOVESPACE has previously agreed in writing;
      • attempt to interfere with or disrupt the Service or the Site or any server or network used by or connected to the Site or to gain unauthorised access to any such server or network.
  1. Charges and payment
    • You may choose to sign up to the Service on the Site either:
      • on a rolling month by month basis; or
      • for a specified minimum period of months chosen by you, up to a maximum of 12 months.
    • You shall pay to LOVESPACE charges for the Service as follows:
      • where you sign up to the Service on a rolling month by month basis, you shall pay LOVESPACE’s standard rates for the time being in force as detailed on the Site; or
      • where you sign up for a specified minimum period of months, you shall pay LOVESPACE’s set monthly charge as notified to you.
    • Where you sign up to the Service for a specified minimum period of months, LOVESPACE will email you at your specified email address 14 days before the minimum period expires, and you will have the option to extend the Service for a further chosen specified period of months. If you do not choose to extend the Service, you shall either:
      • terminate the Agreement in accordance with clause 21.1; or
      • be deemed to sign up to the Service on a rolling month by month basis and shall pay to LOVESPACE charges for the Service in accordance with clause 11.2.1.
    • LOVESPACE reserves the right to increase the charges payable by you in accordance with the charges listed on the Site from time to time upon notification to you in the event that any Storage Container collected:
      • has dimensions greater than 600mm x 600mm x 600mm; or
      • exceeds the maximum weight limit of 25kg.
    • LOVESPACE reserves the right to apply a £50 handling fee for any Storage Container collected that is a suitcase, holdall, rucksack and sportsbag where LOVESPACE wasn’t previously notified and the customer account amended to reflect this fact.
    • In the event that a driver is left waiting, and LOVESPACE incurs a cost for the waiting time, LOVESPACE reserves the right to charge you for the full cost of the waiting time.
    • LOVESPACE can, upon request, check items in the warehouse and provide a description of a customer’s items by label number. Each check, as understood by each journey required by a LOVESPACE agent to verify a piece of information requested by the customer that involves entering the warehouse to do so, will be charged at a flat rate of £5 for up to 10 boxes, after which there is an additional charge of £1 for each box.
    • All charges are inclusive of VAT. If the rate of VAT changes, LOVESPACE reserves the right to adjust the VAT you pay on the charges from the date the change takes effect.
    • LOVESPACE’s charges are payable by credit card or debit card in advance as follows:
      • charges for LOVESPACE to send you empty Storage Containers and packing materials will be payable when you place an order on the Site;
      • charges for the first month’s storage, whether the Storage Containers are provided by you or by LOVESPACE, and any charges for a higher level of LOVESPACE’s liability which you choose to purchase under clause 17.1, will be payable when you place an order on the Site;
      • charges for subsequent months storage, and any charges for a higher level of LOVESPACE’s liability which you choose to purchase under clause 17.1, will be payable monthly on the same date that your Storage Containers are collected from your specified collection address for transit to LOVESPACE’s Warehouse;
      • charges for storage, and any charges for a higher level of LOVESPACE’s liability which you choose to purchase under clause 17.1, for the month in which LOVESPACE returns the Storage Containers to you will be payable in full when you arrange for your Storage Containers to be returned;
      •  if:
        • you sign up to the Service for a specified minimum period of months in accordance with clause 11.2.2; and
        • you request the return of all or any of the Storage Containers before the end of the specified minimum period,
    • you will be liable for all storage charges, and any charges for a higher level of LOVESPACE’s liability which you choose to purchase under clause 17.1, for those Storage Containers up to the end of the agreed minimum period. These charges will be payable when you request the return of the Storage Containers; and
      • charges for LOVESPACE to return your Storage Containers to your specified return address (the cost of which as notified to you when you placed the order on the Site), are payable in full when you arrange for your Storage Containers to be returned.
      • If you add additional Storage Containers to those already in storage at LOVESPACE’s storage facility:
        • the agreed charges for the Storage Containers already in storage will continue to apply to those Storage Containers; and
        • the monthly charges for storage, and any charges for a higher level of LOVESPACE’s liability which you choose to purchase under clause 17.1, in relation to the additional Storage Containers will be calculated on the basis of the total number of your Storage Containers that will be in storage.
        • If you request the return of all or any of the Storage Containers before the end of the specified minimum period in accordance with clause 11.6.5, you may store the same number of replacement Storage Containers at LOVESPACE’s storage facility to the end of the agreed minimum period at no extra storage charge. Your replacement Storage Containers will be subject to the same level of LOVESPACE’s liability as those Storage Containers which they replace. Charges will apply as set out in clause 11.6 above, for:
          • collection of your replacement Storage Containers; and
          • LOVESPACE to return your replacement Storage Containers to your specified return address,
    •  LOVESPACE may charge £10 administration fee to cover LOVESPACE’s costs if the issuer of your payment card refuses to or does not, for any reason, authorise payment to LOVESPACE.
    • If payment of the charges and any other amounts payable are not received by the due date, LOVESPACE may (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods under clause 12), charge interest on the outstanding amount at the rate of 5% per annum above the base lending rate of Barclays Bank plc from time to time, charge £5 per email sent, £2.00 per phone call, £10 per letter sent in the process of collecting the outstanding debt, and collect any charges from the debtor for auction or sales fees, and any transaction fees required.
    • LOVESPACE may review the monthly charges from time to time. If LOVESPACE increases the standard monthly rates for the charges:
      • for all new orders, the new standard rates will take immediate effect;
      • for existing customers who signed up to the Service on a rolling month by month basis, the new standard rates will be notified to you by email to your specified email address not less than 14 days in advance of your following monthly bill, and shall come into effect from that bill. If you do not agree to the increased charges you may terminate this Agreement in accordance with clause 21; and
      • for existing customers who signed up to the Service for a specified minimum period of months, the new standard rates will not affect the applicable charges specified to you when you placed the order on the Site.
      • LOVESPACE may review the charges for empty Storage Containers and packing materials from time to time. If LOVESPACE increases the standard charges, the increased charges will take immediate effect for all new orders.
    • Additional charges as set out on the Site from time to time may be applied if:
      • you provide insufficient or inaccurate address information;
      • you are, or someone authorised by you is not, available at the premises during the specified delivery, collection or return period that you booked when requesting such delivery, collection or return and after reasonable efforts to contact you to rearrange;
      • LOVESPACE’s carrier is unable to access your premises to deliver or collect Storage Containers and the delay lasts longer than twenty minutes;
      • delivery, collection or return of the Storage Containers takes over one hour to complete from arrival at your address through no fault of LOVESPACE’s carrier;
      • you request that delivery, collection or return of the Storage Containers be carried out outside of normal working hours (8.00am — 18.00pm Monday — Friday);
      • LOVESPACE has to deliver or collect Storage Containers from above the ground floor without being able to use a lift.
  1. Right to Withhold or Dispose of Goods
    • If you do not pay the charges or any other payments due under this Agreement, LOVESPACE shall have the right to withhold and ultimately dispose of some or all of the Goods in accordance with this clause 12. You will be responsible for all storage charges and other associated costs reasonably incurred by LOVESPACE while withholding or disposing of the Goods.
    • LOVESPACE will provide you with 28 days written notice requiring you to pay all amounts due and to contact LOVESPACE to arrange for re-delivery of the Storage Containers. If, upon the expiration of the 28-day notice period you have failed to pay all of the amounts due, LOVESPACE may dispose of some or all of the Goods by sale, gift to charity, or otherwise.
    • If in LOVESPACE’s reasonable opinion the Goods cannot be sold for a reasonable price or at all (for any reason) or despite LOVESPACE’s reasonable efforts they remain unsold, you authorise LOVESPACE to treat them as abandoned and to destroy or otherwise dispose of them at your cost.
    • You shall be responsible for all costs reasonably incurred by LOVESPACE in relation to the disposal of the Goods. If LOVESPACE receives money on disposal of the Goods the net proceeds of sale will be credited to your account and LOVESPACE will pay any excess to you without interest, less LOVESPACE’s administrative charge of £50.
    • If, after having made all reasonable efforts to do so, LOVESPACE is unable to return any excess to you, including having given not less then 90 days’ written notice to you in accordance with clause 25, LOVESPACE may retain any such excess for its own account.
    • If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due under this Agreement and the costs of sale, you must pay any balance outstanding to LOVESPACE within seven days of a written demand from LOVESPACE. Interest will continue to accrue on the balance under clause 11.10 until it is paid in full.
  1. Return of packing materials
    • You are able to return unused packing materials that are in a re-saleable condition to LOVESPACE for a refund of up to £2.50 provided that you notify LOVESPACE of your intention to return the packing materials within 7 days of the date on which the packing materials are delivered to your specified delivery address.
    • LOVESPACE will not refund the delivery charge for you to return the packing materials to LOVESPACE.
    • Please notify LOVESPACE of your intention to return the packing materials by email. Your notification is effective from the date that the email is received by LOVESPACE.
    • Once the packing materials have been received by LOVESPACE, LOVESPACE will in its discretion:
      • refund you on the payment method used by you to pay for the packing materials; or
      • credit your account for the correct amount.

LOVESPACE recommends that you use a postage method that provides tracking for the parcel, so that you can prove when the packing materials are received back by LOVESPACE.

  1. Feedback
    • Where you provide LOVESPACE with any feedback or suggestions in relation to the Site or the Service, you agree that LOVESPACE shall have no confidentiality obligations with respect to such feedback or suggestions and LOVESPACE may use or incorporate into the Site or the Service any suggestions, enhancement requests, recommendations or other feedback provided by you.
  1. Disclaimer
    • LOVESPACE provides the Site on an “as is” and “as available” basis with all faults. LOVESPACE does not warrant that use of the Site will be error-free or uninterrupted or that any defects will be corrected.
    • LOVESPACE will provide the Service with reasonable care and skill and substantially as described in this Agreement. LOVESPACE does not make any other promises or warranties about the Service.
  1. LOVESPACE’s liability to you
    • In this clause 16, LOVESPACE limits its liability to you in contract, tort (including negligence), bailment, or otherwise for the Goods. You acknowledge that LOVESPACE is unaware of the value of the Goods to be stored and does not insure or arrange insurance for the Goods. LOVESPACE recommends that you arrange your own insurance to cover the value of the Goods.
    • When LOVESPACE returns the Storage Containers packed with your Goods to you, you must promptly examine the Goods and notify LOVESPACE of any loss of or damage to the Goods within two working days of redelivery of the Goods to you. If you fail to inform LOVESPACE within such time period, LOVESPACE will not be liable to you for any loss or damage.
    • In the event of a claim, LOVESPACE shall be entitled to require proof of the cost price and the current replacement cost of the Goods. You must respond promptly to LOVESPACE’s enquiries and requests for information in respect of the Goods. If you do not provide LOVESPACE with any information or documents requested by LOVESPACE within 28 days of LOVESPACE’s request, LOVESPACE will not be liable to you for the loss of or damage to the Goods.
    • In respect of each Storage Container, LOVESPACE’s total liability in contract, tort (including negligence), bailment, or otherwise for the Service or any breach of this Agreement by LOVESPACE or for any loss of or damage to the Goods (including loss or damage during collection, redelivery or storage) shall not in any event exceed the lower of:
      • the cost price of the Goods in the Storage Container;
      • the current replacement cost of the Goods in the Storage Container at the date of the claim; and
      • £100 or, if you chose to purchase a higher level of LOVESPACE’s liability for the applicable Storage Container in accordance with clause 17, such higher amount.
    • LOVESPACE shall not in any event be responsible in contract, tort (including negligence), bailment, or otherwise for loss or damage that falls into the following categories:
      • loss of or damage to the Goods which does not arise as a direct consequence of any breach of this Agreement by LOVESPACE or any deliberate or negligent act or omission on the part of LOVESPACE or its contractors;
      • any indirect or consequential loss that arises from special circumstances, such as loss arising as a result of you being delayed for or missing an appointment or flight, even if LOVESPACE was aware of the possibility of such a loss; or
      • loss of or damage to the Goods which is caused by your failure to comply with this Agreement;
      • loss of or damage to any Goods of a type listed in clause 9.3 or those set out in the Packaging Requirements under the heading “What we will not be liable for”;
      • loss of business, sales, revenue, profits, anticipated savings or goodwill, damage to reputation or wasted time; or
      • loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused.
    • LOVESPACE shall have no liability to you:
      • for damage to the Storage Containers themselves (as opposed to the Goods inside the Storage Containers); or
      • if the Goods are seized under any law or court order.
    • Nothing in these Terms of Service excludes or limits LOVESPACE’s liability for:
      • death or personal injury caused by LOVESPACE’s negligence; or
      • fraud or fraudulent misrepresentation.
  1. Higher Level of Liability
    • You may choose to purchase a higher level of LOVESPACE’s liability to that stated in clause 16.4.3 for an additional monthly fee at LOVESPACE’s standard rates for the time being in force as detailed on the Site or as notified to you by LOVESPACE. However, the same level of LOVESPACE’s liability must apply to all of your Storage Containers.
  1. Your liability to LOVESPACE
    • You shall reimburse LOVESPACE in full an amount equal to all damages, liabilities, costs, claims and expenses that LOVESPACE may incur as a result of your use of the Service or any breach by you of this Agreement.
  1. Ownership of rights
    • All rights, including copyright, in the Site and the Service are owned by or licensed to LOVESPACE. “LOVESPACE is a registered trade mark of LOVESPACE Limited.
  1. Right to Cancel – “Cooling Off Period”
    • Each request for the Service by you shall constitute a separate contract between you and LOVESPACE on these Terms of Service.
    • Subject to clause 3, you have the right to change your mind and cancel each contract within 14 calendar days after the day on which you entered into the contract with LOVESPACE. If you wish to cancel within the 14 calendar days you must notify LOVESPACE in accordance with clause 25 or complete and return to LOVESPACE the Model Cancellation Form attached to this Agreement.
    • You acknowledge that you will lose your right to cancel under clause 2 if you request LOVESPACE to collect the Goods in accordance with clause 6.1.3 before the period of 14 calendar days elapses.
  1. Termination
    • You may terminate this Agreement at any time by requesting the return of your Storage Containers packed with your Goods and paying any outstanding charges due to LOVESPACE.
    • LOVESPACE may terminate this Agreement with immediate effect by notice in writing to you, if:
      • you fail to pay any amount due, including any interest accrued, by the date due; or
      • you are in breach of any term of this Agreement.
    • LOVESPACE may terminate this Agreement for any reason by giving you not less than 30 days written notice.
    • Upon termination of this Agreement for any reason you must contact LOVESPACE promptly to arrange for re-delivery of the Storage Containers.
    • If within 30 days following termination of this Agreement for any reason you fail to arrange for re-delivery of the Storage Containers, then LOVESPACE may dispose of the Goods in accordance with the provisions of clause 12.
  1. Referral Scheme
    • The LOVESPACE referral scheme allows you to earn credit to your LOVESPACE account by referring friends to LOVESPACE.
    • When you receive a referral code from LOVESPACE either by email or via the Site, you may share the referral code with your friends in person, through the Site, Twitter, Facebook or by email.
    • You agree that by sharing the referral code through the Site your friend will be provided with your name and email address.
    • If:
      • a friend uses the referral code when using the Service for the first time; and
      • such friend does not cancel the Service within the cancellation period for such Service,

LOVESPACE shall credit the sum of £10 to your LOVESPACE account.

  • You acknowledge that a referred friend may only use one referral code.
  1. Assignment and sub-contracting
    • You shall not assign, sub-license, sub-contract or otherwise deal with all or any of your rights and obligations under this Agreement without LOVESPACE’s prior written consent.
    • This Agreement shall be binding on your personal representatives, successors and permitted assigns.
    • LOVESPACE shall have the right to assign all or any of its rights and obligations under this Agreement and in the event of such assignment shall give notice of it to you.
    • LOVESPACE may sub-contract the performance of any of its obligations under this Agreement to any third party (including transportation and storage), but such sub-contracting shall not relieve LOVESPACE of any liability under this Agreement.
  1. Force majeure
    • LOVESPACE will not be liable or responsible for any damage to or loss of the Goods, or failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by events outside its reasonable control (including but not limited to) Act of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; extreme adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labour dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.
  1. Notices
    • Any notice to be given under this Agreement may be delivered or be sent by prepaid registered post sent first class or may be transmitted by email addressed as follows:
      • if to LOVESPACE — to its head office address or email address as stated for the time being on the Site;
      • if to you — to the billing address or email address for you which you registered with LOVESPACE or which you last notified to LOVESPACE.
    • Notice served by post shall be deemed served on the second working day after the date of posting. Notice served by email shall be deemed served on the next working day after the date of transmission.
  1. General
    • Save as expressly provided in the Terms of Service, this Agreement constitutes the whole agreement and understanding between you and LOVESPACE relating to the Service.
    • You acknowledge and agree that, in entering into this Agreement, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) other than as expressly set out in these Terms of Service.
    • The failure of LOVESPACE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
    • If for any reason any provision of this Agreement, or any portion thereof, is found to be unenforceable, the remaining provisions of this Agreement shall continue to be valid to the fullest extent permitted by law.
    • This Agreement is not intended to benefit anyone other than the parties to it and, in particular, none of the terms of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
    • This Agreement is governed by English Law and both parties submit to the exclusive jurisdiction of the English Courts.

Packaging Requirements

WHAT WE WILL ACCEPT

  • Standard boxes (either our LOVESPACE boxes or any double-walled cardboard box up to 60x60x60cm, 25kg)
  • Archive boxes, secured for transport (up to 24x35x42cm, 25kg) or poster/document tubes
  • Suitcase, bags, and sport bags (all items must be sealed inside LOVESPACE Suitcase Boxes purchased from LOVESPACE and be less than 60x60x100cm, 25kg), and musical instruments in hard cases.
  • Bicycles, skis, snowboards (packed in an appropriate LOVESPACE box or in a hard travel case)
  • Printers, TVs and other electrical equipment within original packaging including polystyrene interior (up to 60 x 60 x 100cm, 25kg)
  • Items of furniture or other outsize items (within M25 only, please call 0333 111 0 777 to arrange) must be agreed to in writing.

WHAT WE WILL NOT ACCEPT

  • Single-walled cardboard boxes, including crisp boxes!
  • Any items not in a cardboard box
  • Bin bags, plastic bags, laundry bags, and canvas bags
  • Musical instruments in soft cases
  • Bicycles, skis and snowboards not in a LOVESPACE box
  • Any item over 25kg, any box over 60x60x60cm other than LOVESPACE-supplied boxes, or electronics not in their original boxes
  • Any goods containing liquids, chemicals or food
  • Please call us if you have items outside this range as we may be able to help
  • Anything containing items on our “banned list”

WHAT WE WILL NOT BE LIABLE FOR

  • In terms of outer packing, anything not packaged as per the “What we will accept list” above
  • In terms of contents,
    • Glass, crockery and other fragile items unless packed within a LOVESPACE crockery box
    • Goods with any glass element, and other fragile items.
    • Electronics
    • Jewellery, bullion
    • Antiques
    • The outside of suitcases, bags, sports bags, plastic containers and hard cases for instruments, i.e. what lies immediately beneath the LOVESPACE protective sleeves