Terms  and Conditions

Parties to the Contract

“The User” is the person or the business that accepts a quotation of The Company for the sale of the Goods or whose order for the Goods is accepted by The Company. The User is responsible for reading and agreeing these Terms and Conditions as they will form the basis of the contract of purchase and service agreement.

“The Company” is Its Lolly Limited. The Company is responsible for providing a purchase and a service that meets the agreements within these terms and conditions. Our registered office is Its Lolly Limited, Unit 3, Freeport Office Village, Century Drive, Braintree, Essex CM77 8YG. Our company registration number is 07111848. Our VAT Registration number is GB133 7435 22. Our Consumer Credit Act 1974 Licence Number is 652142.

Choosing a Product

The Company shall provide information about our products and services to help inform The User of the basis of the purchase.

If requested by The User, The Company may provide a full online demo of the software free of charge if the User desires to help inform The User of the purchase.

It is the responsibility of The User entirely to ensure that the hardware and software products they are purchasing meet their requirements.

The Company will provide a written quotation on request. This quotation is only a guideline price and does not form the basis of any contract between The User and The Company.

Any advice or recommendation given by The Company or its employees or agents to The User or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by The Company is followed or acted upon at The User’s own risk, and accordingly The Company shall not be liable for any such advice or recommendation which is not so confirmed.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, website or other document or information issued by The Company shall be subject to correction without any liability on the part of The Company.

Purchasing a Product or Service

These Terms and Conditions are available on our website.

It is The User’s responsibility to read and agree to the terms and conditions prior to making a purchase.

All product pricing is provided in “good faith”. Written quotations will usually be valid for 30 calendar days from issue, however, some offers and discounts are subject to shortened timeframes. Where this is the case, The User will be advised by The Company’s employees and/or in The Company’s sales literature.

All prices on The Company’s quotes are exclusive of VAT. Where VAT should be paid, this will be added on the invoice before payment is received.

Once a payment is received the contract between The Company and The User is in force.

The Company may record phone calls for training purposes.

Hardware Purchase

The Company supplies equipment in the form of hardware, peripherals and consumables at an upfront cost.

The equipment is delivered to The User upon receipt of full payment. This includes a 12 month Back-To-Base Warranty which can be upgraded to a Swap Out & Warranty Upgrade.

In accordance with the Distance Selling Regulations for online purchases made in the UK, The User is entitled to a cooling off period of 14 days during which The Company offers to refund or replace the products. The cooling off period commences on the date of purchase.

After 14 days, The User assumes the risk of the purchased goods. During the cooling off period, The User is responsible for the cosmetic and operational state of the purchased goods.

In the event that The User would be unhappy with the purchased goods during the cooling off period, The User may request the right to return it back to The Company. This request should be sent by email to sales@itslolly.com. Upon receiving a request, The Company will reply to the request by providing a return number to authorise the return of the purchased goods. The User is responsible to ensure that the purchased goods is returned in its original packaging and original condition. The User is also responsible for paying any fees associated with a safe return of the purchased goods back to The Company.

Upon receiving the returned goods from The User inside the cooling off period, The Company will inspect its cosmetic and operational condition. The User will be entitled to a full refund provided that the returned goods is received in pristine condition. If the returned goods is damaged by The User, The Company will be entitled to deduct funds before providing a partial refund to The User.

Hardware Rental

We may offer the ability to rent equipment from The Company.

At time of placing a rental order, The Company will advise The User of the rental period, and the rental fee for that period.

On acceptance of an order, a deposit of equivalent to 3 months rental (plus VAT) per terminal will be taken in addition to the first month’s rental fee.

The equipment is delivered to The User upon receipt of full payment. This includes a 12 month Back-To-Base Warranty which can be upgraded to a Swap Out & Warranty Upgrade.

If the rental period is for greater than one month the subsequent payments are due in one monthly intervals, commencing from the first date of the rental period.

It is The User’s responsibility to ensure the equipment is maintained and returned in the same condition as it was dispatched.

It is The User’s responsibility to document, and notify The Company of any defects in the cosmetic condition of the equipment within 24 hours of receiving the goods.

The Company remains the owner of the equipment at all times, even after the rental period expires. The User is at all times responsible for ensuring timely recurring payments to avoid default charges. The Company will charge £10 (excluding VAT) for each calendar day that payment is overdue.

The User holds The Company harmless against any defaults or claims arising out of use of the equipment.

The equipment rental does not include any ongoing services or consumables but these are available on request, at a charge.

The User is responsible for informing The Company of any changes to their contact details.

It is The User’s responsibility to arrange the safe return of equipment within 5 working days of the end of the rental period. The User should also include a document on the cosmetic condition of the equipment. Short of this, The Company may need to charge The User for any unforeseen damage to the equipment while it has been in The User’s hands.

The Company may offer to collect the equipment from The User while charging a fee for collection. In this situation, it is The User’s responsibility to pack, box and submit the equipment using due care to The Company’s collection agent (either The Company or a 3rd party courier working on behalf of The Company) and to pay the relevant fees for the collection service. Starting 5 working days after the end of the rental period, for each calendar day that The Company has not received the equipment we will charge an additional £25 (excluding VAT).

Upon return of the equipment, The Company will inspect the equipment and compile a report on the equipment.

Based on the report of the engineer a full refund of the deposit will be made less any adjustments. If the User is eligible for a return of the deposit this payment will be within 14 working days of receiving the returned equipment.

If the equipment is returned damaged beyond the value of the deposit, The Company retains the right to invoice The User for the amount additional to the deposit. The User must pay this charge within 14 days of receiving the invoice.

If the equipment is not returned within 28 days after the rental period The Company will withhold the full deposit and invoice the User for the remaining value of the equipment and any charges outstanding. This must be paid within 14 days of receiving the invoice.

Software Licence Fee

The Company charges a monthly license fee to The User for using The Company’s Software together with a Support Plan.

The Monthly Licence Fee is currently £30 (excluding VAT) per device. The fee is non-negotiable and non-refundable.

Failure to make a monthly payment will restrict the access to the platform and support until the payment is made.

Payment of the monthly licence fee provides the following service:

1. Use of The Company’s software for next 30 days.
2. Maintenance and operating costs of The Company’s servers.
3. Selective system updates improving the running and functionality of the software.
4. Access to helpdesk services as defined by the Support Plan.

Internet Connectivity

Our hardware and software require a reliable and robust connection to the internet to take advantage of all of the online back office features and benefits available via the LollyHQ Cloud.

The Company hardware and software can operate offline for a few weeks without being connected to the internet. Nevertheless, The User must provide an internet connection to perform monthly re-licensing, get access to software updates, and benefit from remote support & maintenance.

It is The User’s responsibility to ensure that they have an appropriate internet connection in place prior to installation and to also ensure that the internet connection is maintained correctly.

Our recommended internet speeds are a minimum 5Mbps download speed and 0.5Mbps upload speed.

Internet speeds and consistencies can be checked by using internet speed test websites (e.g. speedtest.net) or contact your internet and/or broadband provider.

Whilst The Company’s employees may provide advice and an indication of the suitability of The User’s internet connection, it remains The User’s responsibility to ensure they have a suitable internet connection both before and after an order is placed.

The Company cannot be responsible for any slow responses to our system that are caused by poor internet connection.

Support Plan

The Company offers a Support Plan with the following two services:

1. Standard Support Business Hours for all kinds of cases; Monday-Friday (excluding Bank Holidays) from 9am until 5:30pm.
2. Out-Of-Hours Emergency Helpline for any immediate trading issues; All Days (except Christmas Day) from 9am until 10pm.

Users can request support from The Company at any time, inside of the hours specified above, by contacting the Support Team, either by sending an email to support@itslolly.com or by calling 08452068665.

Incoming support requests are assigned a severity; Priority 1, 2 and 3. The response and resolution times varies with the severity.

Renewal & Cancellation

After one year The User’s contract will automatically renew for another year unless The User advises The Company 30 days before the renewal date that they do not wish it to renew.

The User has a 14 day cooling-off period after the automatic renewal date in which to notify The Company that they do not wish to continue on Support, The Company will cancel the contract with no penalty to The User.

To continue to use The Company’s software after cancellation The User must either pay the Annual License Fee or sign up to another Support Plan.

The Company may also choose to end the contract if:

1. The User does not pay the charges when they are due.
2. The User breaks this agreement and/or a related agreement in any other material way and you don’t correct the situation within 7 days of us asking you to do so.
3. We reasonably believe that you are infringing or have infringed our rights or the rights of a third party.
4. The User is the subject of a bankruptcy order, or become insolvent, or makes any arrangement with or for the benefit of creditors.
5. The Company discontinues this product.

Where The Company ends this contract they will give at least 30 days’ notice.

Delivery of Purchase

Free delivery is offered on all orders over £100.00 (excluding VAT) to the UK only. For all UK orders below this amount, the fee payable will be notified during the checkout process.

Whilst The Company takes every care to ensure the packaging prevents any damage in transit, it is the User’s responsibility to check the products before they accept them at time of delivery.

On the rare occasion that a product is faulty or damaged on arrival we will provide a replacement product. The Company must be notified of any faults or damages on the day of receipt by the User.

Whilst The Company shall use reasonable commercial endeavours to deliver the goods by the date specified on The User’s order, it shall not be liable for the delay in delivery from any cause whatsoever and howsoever arising.

All deliveries must be signed for. Our third party supplier may notify you by email and text message when you should expect the delivery. It is the responsibility of The User to provide The Company with the correct address, email and mobile number to make the most of this service.

It is the responsibility of The User to have an appropriate person available to sign for the delivery. The Company are not responsible for any deliveries that cannot be made due to lack of access to the property.

We recommend that you keep the original packaging. In case the product needs to be returned for repair, original packaging will provide a better protection for the product during transportation. If an item is damaged in transit due to poor packaging by The User then we reserve the right to charge for this.

Back-To-Base Warranty

Any new hardware purchased directly from The Company is warranted against manufacturing defects for a period of one year (twelve months) from the date of delivery of the goods. This is the “Back-To-Base Warranty” period for this product.

The User may choose to renew the Back-To-Base Warranty period. Any renewal confers the same rights as the original Back-To-Base Warranty, merely extended year by year up to a maximum of three years from the date of original delivery of the goods.

Exclusions from This Warranty

Any “third-party hardware” is not covered by a warranty from The Company. Third-party hardware is any hardware not supplied by The Company, or any hardware which is not branded as “Its Lolly”.

The warranty does not apply to the software and User induced damages or circumstances, such as but not limited to:

1. The product has been tampered with, repaired and/or modified by non-authorised personnel.
2. The warranty seals have been broken or altered.
3. Obsolescence.
4. Damage (accidental or other) to the product that is cosmetic, meaning damage that does not impact the operation and functioning of the product, such as but without limitation to rust, change in colour, texture or finish, wear and tear, gradual deterioration.
5. Damage to the product caused by war, terrorism, fire, accident, natural disasters, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, accidental drops, spills, or power surges.
6. Damage to the solution caused by improper installation, connection or malfunction of a peripheral device such as a printer, optical drive, network card, or USB devices.
7. Damage to the product through neglect to protect the hardware from viruses.
8. Damage to the product caused by an external electrical fault or any accident.
9. Fraud, theft unexplained disappearance or wilful acts.
10. Liquid/fluid damage or contamination of any kind.
11. Damage caused by user error such as malware, uninstallation, other programs, mistreatment or any software problems that are caused by use of anything other than The Company’s software.

Covering a Product Under Warranty

If The User believes the product may have a fault that is covered by the Back-To-Base Warranty they must report the issue to The Company within the warranty period and at The User’s own expense return the item to The Company.

Within 15 working days of receiving the goods, The Company will examine the device and if covered by the warranty will, and at The Company’s discretion, either:

1. Replace the product with one of similar performance and capabilities.
2. If a device fails outside of the first 30 days of original purchase, The Company retains the right to replace or repair the product with refurbished or remanufactured parts.

Out of Warranty products

If The Company determines The User’s product is outside of the Back-To-Base Warranty coverage The Company will, at The User’s request, prepare a quote for repair or replacement.

The User can choose to pay for the repair or replacement or have their original equipment returned (at their expense).

Replacement products

Where The Company replaces or repairs a product under warranty, or as a chargeable out of warranty service, the repaired or replacement product inherits the remaining days of warranty from the original product.

If the original product has less than 30 calendar days of warranty remaining, the replacement or repaired product will only receive a warranty coverage of 30 calendar days.

Dead on arrival

If a new product fails within the first 30 days of its original purchase, and is covered by a warranty, The Company will replace the product with a new, or a similar, product, at The Company’s expense.

Swap Out & Warranty Upgrade

If the product is covered by a Back-To-Base Warranty, The User may purchase a Swap Out & Warranty Upgrade for an additional fee. The User may then request The Company to replace a faulty product using a next working day courier service.

If The User notifies The Company prior to 1pm (UK time) on a working day (Monday-Friday, no public holidays) The Company will arrange for a courier to deliver a replacement product (of a similar specification to the original) to be delivered on the following working day.

When the courier delivers the replacement product they will collect the failed product. They will not leave the replacement product without taking away the failed product. They will allow a maximum of 15 minutes for the replacement to occur.

If The Company is notified of the need for a Swap Out after 1pm (or on a non-working day) the replacement will be delivered in two working days’ time.

It is not possible to arrange a specific time of day for the replacement.

Our Swap Out service is only available for addresses in the UK.

The Swap Out service is not available on products for which there is no warranty provided by The Company, for example third-party products not supplied by The Company.

If a product fails outside of the first 30 days of the original purchase, The Company retains the right to replace or repair the product with refurbished or remanufactured parts.

Swap Out service exceptions

The Swap Out service does not extend any warranty upon the hardware, instead it offers advance replacement of faulty equipment, rather than requiring The User to return the hardware before receiving a replacement.

The Company only offers the Swap Out service to products that are covered by the Back-To-Base warranty from The Company. Whilst The Company tries to validate the warranty status before agreeing to perform a Swap Out, there are occasions where it, at its own discretion, would agree to perform a Swap Out on products that are not covered by the warranty.

The User, wherever possible, must also provide the serial number of the item to be swapped when requested by the Support Agent. Failure to do so may result in a refusal of the Swap Out case.

When a product is returned to The Company via a Swap Out, The Company will inspect the product to ensure that it should be replaced under warranty. If it is found to be out of warranty The Company reserves the right to raise an invoice, due immediately, for The User to pay the replacement cost.

A product can be out of warranty for many reasons, including (but not limited to):

Warranty period has expired

Physical damage to the device not caused by reasonable wear and tear, such as impact damage, cracks, liquid or food damage.

Improper or insufficient cleaning and maintenance

Negligence

If the item returned is found to be in working condition but in a poor and unreasonable state of cleanliness, The User will be billed for cleaning at a fixed rate per item.

Refunds and return of goods

No return or refund will be issued unless the Complaints Procedure outlined in these Terms and Conditions is followed.

Any returned goods should be packed in the original packaging. The Company reserves the right to charge for any damages caused in transit due to poor packaging.

Software sales are excluded from the standard returns policy due to the considerable costs in configuration, personalisation, training and dispatch. These items are strictly ‘non refundable’.

Where a product has been opened, The Company will only accept a return of equipment if the system is deemed ‘not fit for purpose’ upon receipt of the goods and this must be agreed by both parties.

The company cannot process a return on behalf of The User based on the following:

1. User or staff training needs, not understanding or using the system properly.
2. User not properly researching or qualifying the purchase.
3. Functions that are not present or work differently than other products available in the market.
4. Lack of compatibility with third party items/systems.
5. Systems that have been dispatched, configured, personalised and used.
6. User shutting down the business / product surplus to requirements after delivery.
7. Orders that contain bespoke or custom equipment.
8. Operational problems that arise from The User’s internet connection or other environment problems that are out of our control.
9. User has accidentally damaged the item after delivery.
10. User has misused the item and damaged it.
11. User has tried to open or tamper with the unit in some way.
12. User no longer requires the equipment or the equipment has been personalised.
13. If the item is part of a custom or large order.
14. If the item is not returned in its original packaging.
15. If the goods are not in ‘as new’ condition.

Any damaged equipment will be charged at full cost.

The Company will use the following process prior to authorising the return request:

1. Understand why The User feels the product is ‘unfit for purpose’ and attempt to reasonably resolve any issues remotely when highlighted by The User.
2. Attend The User’s business premises if the situation cannot be resolved remotely to perform a site survey and onsite training or repair. This may be subject to an additional charge.
3. Once the issue is identified The Company must be given reasonable time by The User to resolve the issue and relevant assistance.

If The User decides to return the item(s) inside of the 14 day cooling off period, The Company requires all equipment to be returned to them in the original packaging, with all boxes, leads, discs, adaptors and manuals.

The User is responsible for the delivery of the goods to The Company at The User’s own expense. Only after the goods has been checked by an engineer of The Company will any payment be agreed upon and released. The goods must be received in the original packaging as the goods were originally dispatched, otherwise a return cannot be processed.

Refunds may only be made after all endeavours have been made by The Company to resolve the issue.

In the event of a return, any relevant refunds, credit notes or exchanges can only be made to the card account or business/person that made the order originally. These will be processed within 28 days of return.

For any payments made through a finance company, The Company would only be able to refund any amounts due via their instruction in writing.

Any amounts paid for onsite installations, product imports, support payments, postage, module integrations and repair and labour cost are non-refundable.

Complaints Procedure

The Company endeavours to ensure that All Users are satisfied with the purchase, however, where problems arise The User commits to following this Complaints Procedure.

If The User is not entirely satisfied with our products or services their first action should be to contact The Company’s Support Team. Contact details are available at itslolly.com/contact.

If the issue has not been satisfactorily resolved, The User should then make a written complaint either by email to complaints@itslolly.com or by post to:

Its Lolly Complaints, Unit 3, Freeport Office Village, Century Drive, Braintree, Essex CM77 8YG, United Kingdom.

Written complaints should include full details of the situation, and the nature of your complaint. Additionally please provide the best contact details to reach you on.

The Company will respond to the initial written complaint within 48 working hours, confirming that we have received your complaint, and advising you of which Assigned Manager will be managing the resolution for you.

The Assigned Manager will endeavour to resolve your complaint as quickly as possible, working with you to understand all aspects and come up with a proposed resolution.

Once the proposed resolution is understood, the Assigned Manager will write to you documenting the resolution and rationale behind the decision.

Should you still not be happy with the resolution provided, you should contact the Assigned Manager and notify him/her you wish to escalate your complaint further.

All sales are bound by these Terms and Conditions, and The Company asks that The User reads the full Terms and Conditions of Sale before raising a complaint. Please note that whilst your statutory rights are not affected, this is a Business to Business transaction, and is not bound by Consumer Law (such as the Consumer Rights Act 2015).

ITS LOLLY SOFTWARE END USER LICENSE AGREEMENT (EULA)

PLEASE READ THIS SOFTWARE END USER LICENSE AGREEMENT (EULA) CAREFULLY BEFORE USING SOFTWARE FROM ITS LOLLY LIMITED (‘THE COMPANY’).

BY USING THE COMPANY’S SOFTWARE, YOU (‘THE USER’) AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.

IF YOU (‘THE USER’) DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE SOFTWARE.

General Use

Under the terms of this License, The Company grants The User non-exclusive, non-transferrable, and time-limited rights to use the software, interfaces, content, fonts, documentation and any data, whether in read only memory, on any other media or in any other form.

The Company retains ownership of the software itself and reserve all rights not expressly granted to you. The Company, at its discretion, may make available future updates to the software on your system.

The User shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines. The Company shall not be liable for any loss or damage sustained or incurred by The User or any Third Party through loss or spoiling of data resulting from any maintenance activity required or performed by The Company under this Agreement. The Company will use reasonable endeavours to put right any such loss of data or programs, but reserves the right to charge for such.

The User remains totally responsible to keep the underlying operating system up-to-date and ensure adequate virus protection across all parts of the system.

Any additional software which is downloaded by The User, which is not already preinstalled on your system, is done at The User’s own risk.

The Company collects information to provide its services to The User and to inform the development of new and improved products and services to meet customer needs. It also uses information about The User for security, identity verification and training, to communicate and comply with the law. Specifically, The Company and other Group Companies may use information to: manage account(s) with us or with other group companies; protect ourselves against harm to our rights and property interests; develop and improve our services through assessment and analysis of the information, market and product analysis, and market research. It will also prepare high-level anonymised statistical reports. The information is never personal and Users will never be identifiable from it. The Company may share these statistical and anonymised reports with third parties including non-group companies.

Permitted license users and restrictions

Each license allows you to use the software on the specific terminals requested by the User at the point of purchase.

Each license associates The Company’s Software with a specific terminal. The license does not allow The Company’s Software to exist on more than one terminal, and The User may not make The Company’s Software available over a network where it could be used by multiple devices or multiple computers at the same time unless otherwise expressly agreed in writing by The Company.

This license does not grant The User any rights to use The Company’s proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the Epos system. Except as and only to the extent expressly permitted in this license or by applicable law, you may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, modify, or create derivative works of The Company’s Software, Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of The Company. If you breach this restriction, you may be subject to prosecution and damages.

Transfer

The User may not rent, lease, lend, redistribute or sublicense The Company’s Software or Software Updates.

Termination

This license is effective until terminated. The User’s rights under this license will terminate automatically without notice from The Company if you fail to comply with any term(s) of this license. Upon the termination of this license The User’s software will be restricted.

Limitation of liability

To the extent not prohibited by law, in no event will The Company be liable for personal injury, or any incidental, special indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use The Company’s Software and Software Updates however caused, regardless of the theory of liability (contract, tort or otherwise).

In no event shall The Company’s liability for all damages to The User exceed the amount of The User’s initial purchase price. Foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Terms and Conditions updated: 12th October 2021

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