- 1. General
- 2. Delivery
- 3. Returns Policy (except bespoke goods)
- 4. Links to Other Websites
- 5. Liability
- 6. Copyright
- 7. Disclaimer
- 9. Miscellaneous
- 10. Bespoke Goods
These Terms and Conditions shall apply to all contracts entered into by Orwell + Austen Limited ("O+A", "we" or "us") a company registered in England and Wales with company number 8225082 and VAT number 282 5322 08 whose registered office is 65 Oliphant St, London, W10 4ED.
By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.
1.1 When we receive your order you will receive an automated e-mail reply acknowledging receipt. No contract shall come into existence until we have accepted your order.
1.2 Your statutory rights shall remain unaffected by these Terms and Conditions, and except in accordance with these Terms and Conditions all purchases are non-exchangeable, non-refundable and non-transferable.
1.3 Every care has been taken by us in the preparation of the content of our website, in particular to ensure that prices quoted are accurate at the time of posting the product on the website and that all products are fairly described. However, your order may not be accepted if there are material errors in the description of the goods you have ordered or their prices. All prices and offers are subject to change.
1.4 We have aimed to ensure that the colours of our products appearing on our website are as near as possible to the colour of the product. However, the actual colours you see will depend on your computer equipment, and accordingly, we are unable to guarantee the precise colour of the product on delivery.
1.5 All products are subject to availability. We will inform you as soon as reasonably possible in the event that the goods you have ordered are unavailable. In the event that the goods that you have ordered are unavailable a full refund will be offered.
1.6 All prices are displayed on the website in UK sterling. The price includes VAT (where applicable) . Payments can be made in UK sterling via a debit or credit card.
2.1 We will aim to dispatch the goods ordered by you as soon as possible after your order has been accepted by us to the postal address you have given in your order. However, we cannot guarantee an exact delivery date and your goods may take longer to be dispatched if the goods you have ordered are to be dispatched to an address outside of the UK.
2.2 Deliveries outside of the UK may be subject to import taxes and additional charges for which you are solely responsible. Please note that we have no control over these charges and cannot predict their amount.
2.3 Title of the goods shall pass to you at the time payment for the goods is received by us in full. Risk in any product ordered will pass to you upon dispatch of your order.
3. RETURNS POLICY (EXCEPT BESPOKE GOODS)
3.1 If you cancel before the delivery of any goods your money will be refunded and the goods will not be delivered.
3.2 We will offer a refund or exchange on an unworn, undamaged item within 14 days of it being received by you. Refunds will be made to the credit or debit card used to purchase the item(s) in accordance with these terms and conditions.
3.3 If you return an item to us because it is faulty, we will include with your refund the postage that you were charged when purchasing the item, and the postage you paid when returning the item to us (this does not affect your statutory rights).
3.4 If you are returning an item because it is unsuitable, we shall only refund the cost of the returned item, and you will be fully liable for the postage paid when returning the item to us and when purchasing the item.
3.5 Items purchased online can be returned via post within 14 days of receipt of purchase. Refunds will be processed by us within five to seven business days from the date of receipt of the undamaged and unworn item.
3.6 O+A is dedicated to offering the highest levels of quality and service. Before returning any product, you must obtain a Return Merchandise Authorisation (RMA) number. You can obtain an RMA number by emailing your request to firstname.lastname@example.org. Please title the email ‘Returns’. Please indicate in your email the reason why the goods are being returned.
3.7 All items being returned in accordance with this clause must be safely and securely packaged to avoid damage in transit. We shall not accept an item for refund if it has been damaged in transit or otherwise.
3.8 We strongly recommend when returning items to us you use recorded or special delivery as we are unable to refund items which are lost in the post. All goods shall remain your responsibility until we receive them.
4. LINKS TO OTHER WEBSITES
We have placed links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents and therefore we cannot accept any liability in respect of the use of these websites.
5.1 Except for death or personal injury due to our negligence or that of our employees, we shall not in any circumstances be liable, whether in contract or tort, to you for any direct, indirect or consequential loss or damage arising from the sale or use of our goods including without limitation loss of profits, damage to property or loss of contracts. In all cases our entire liability, howsoever arising, shall be limited to damages which shall not exceed the price paid for the goods in respect of which the claim has arisen.
5.2 We do not accept any responsibility for any amendments or changes we may make to the information contained in our website, and we reserve the right to alter these Terms and Conditions or the information contained in this website at any time. Any changes made to these Terms and Conditions shall be highlighted, and all purchases made from the date of the amendments shall be subject to the replacement Terms and Conditions. Should you continue to use the website once we have highlighted the changes, you shall be deemed to have accepted all of the amendments we have made.
5.3 You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
5.4 We shall not be liable to any person for any loss or damage whatsoever which may arise from the use of any of the information contained in any of the materials on this website.
6.1 All of the rights, including copyright and database rights, contained in this website, unless stated otherwise, are owned by us and you must not copy or dispatch any of the information contained in it. You further agree that you shall only use the website for legitimate, lawful purposes, and any other use shall only be permitted with our written consent.
6.2 In the event of us accepting instructions to produce goods to a specification not forming part of our own range of specifications, then you warrant to us that all copyright, patent, design and other intellectual property rights in such goods are your property or that you are licensed to use them. You shall fully indemnify us and keep us indemnified from and against all claim, demands, damages and expenses incurred by us arising out of any infringement or alleged infringement of such rights in respect of the goods produced to such specifications as foresaid. In the event that you fail to take delivery of whole or part of any order produced to such specification as aforesaid then we shall be entitled to sell such goods on our own behalf, and you will nevertheless fully indemnify us as aforesaid.
7.1 Our website and all contents of it relating to O+A are provided on an “AS IS” basis without any representation or endorsement made and without warranty of any kind whether express or implied in respect of this website and/or the information contained in it, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Products (including any third party products) provided to you by means of this website shall have limited warranties which can be provided to you upon request to us.
8.1 All personal information you supply to us will be treated in accordance with Data Protection Act. The nature of this site means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data on this Site. By registering to use the Site you agree to this Use.
8.2 When ordering goods you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of our products and otherwise for the normal use and improvement of our Site.
8.3 We may also use the Data in response to surveys and to aggregate user profiles.
8.4 To enable us to monitor and improve our Site, it gathers certain aggregated information about you when you use it, including details of your operating system, browser version, domain name and IP address, the URL you come from and got to and the parts of the Site you visit.
8.6 We endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose online. You accept the inherent security implications of being and transacting online over the Internet and will not hold us responsible for any breach of security unless we have been negligent or in willful default.
8.8 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
9.1 If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
9.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.9.3 We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.