TERMS & CONDITIONS
1.1. The following terms will have the following meaning in these terms and conditions:
“IPR” intellectual property rights including copyright, design right, trade marks, patents and any other similar rights whether registered or unregistered existing anywhere in the world;
“Order” an order placed by you via the Website or via telephone for the purchase of selected Products;
“Price” the price as displayed on the Website for the Products;
“Products” products listed on the Website available for resale by OG Retail Ltd to you and as identified by you in your Order; and
“Website” the website accessible via www.olivergoldsmith.com and all other websites owned and operated by OG Retail Ltd linking to the same content.
These terms and conditions govern all orders made with OG Retail Ltd, registered in England under number 06500680, whose registered address is at 58 Crewys Road, Londonn NW2 2AD” ("OG Retail Ltd"). If OG Retail Ltd accepts your Order, you and OG Retail Ltd will be legally bound by these terms and conditions. These terms shall apply to all Orders placed by you.
OG Retail Ltd’s Terms and Conditions of Sale
2.1. By submitting an Order, you will be deemed to accept these terms and conditions.
2.2. You must submit your Order via the Website in accordance with the instructions set out on the Website or via telephone via the telephone number displayed on the Website. You will be responsible for ensuring the accuracy of your Order and OG Retail Ltd will not be liable for your failure to provide correct and accurate information in your Order.
2.3. No Order will be deemed to have been accepted by OG Retail Ltd until you receive notification in writing (which may be by e-mail) of acceptance of the Order by OG Retail Ltd and any relevant purchase reference number.
2.4. OG Retail Ltd reserves the right to:
2.4.1. reject any Order submitted by you for any reason; and
2.4.2. cancel any Order before delivery of the relevant Products in the event any payment of the Price for the Products fails or in accordance with clause 12.3.
2.5. Without limitation to the provisions relating to limitation of liability in clause 11 below, OG Retail Ltd will not be liable or otherwise responsible for any loss or damage caused to you by OG Retail Ltd’s cancellation of the Order in accordance with clause 2.4 above.
AVAILABILITY OF PRODUCTS
3.1. The Products displayed as available on the Website are subject to stock and supply availability, and there may be some delay in updating the Website with regard to the availability of Products.
3.2. You acknowledge and accept that OG Retail Ltd may be reliant on a supply chain (including third party suppliers of Products to OG Retail Ltd) in fulfilling Orders. In the event that an Order is placed which OG Retail Ltd cannot immediately fulfil as a result of reliance on third party suppliers, OG Retail Ltd will inform you as soon as practicable and delivery may be delayed until such time as stock is available.
PRODUCTS AND SALES
4.1. OG Retail Ltd sells Products via the Website in a range of forms including in a range of designs and colours. You must clearly indicate your requirements in relation to the design, colour and any other relevant details of the Products in your Order.
4.2. In consideration of payment of the Price for each Order by you to OG Retail Ltd in accordance with clause 5 below, plus any cost of packaging and postage as may be set out on the Website from time to time, OG Retail Ltd agrees to deliver the Products set out in the Order to you, at the address stated by you in the Order.
4.3. You agree and accept that:
4.3.1. OG Retail Ltd provides the Products without any warranty and OG Retail Ltd will have no responsibility for suitability of the Products ordered by you via the Website; and
4.3.2. the Products are sold to you “as is” and “as available” and you must judge the suitability of the Products for the purpose intended.
4.3.3. Personalisation - All purchases of personalised (monogrammed) cases or purchases of OG Retail Ltd Eyewear that have been requested for personalisation (monogramming) are not eligable for a return, refund or exchange.
4.3.4. Gift With Purchase. Any gift with purchase item applies only to purchases Oliver Goldsmith eye wear. One gift per customer only. Whilst stock lasts.
PRICES AND PAYMENT
5.1. The Price for each Order will be calculated by OG Retail Ltd in accordance with OG Retail Ltd’s standard advertised Prices for the Products as set out on the Website. Prices for Products and delivery and other charges displayed on the Website are current at the time of display. However, OG Retail Ltd does not accept liability for any errors in such Prices.
5.2. The Price payable for Products under these terms and conditions is exclusive of VAT, which will be charged to you in addition to the Price if you are based in the United Kingdom and the European Union.
5.3. You will pay the Price together with delivery costs for each Order on submitting your Order. Payment must be made online via the secure online e-commerce payment system on the Website utilising credit and debit cards listed on the Website. The secure online e-commerce payment system service on the Website will be operated by No Chex/ SAGE PAY. This secure online e-commerce payment system service may be changed from time to time by Sage pay without prior notice. If you are based outside of the United Kingdom payment must be processed via the Website and all such payments will be exchanged into pounds sterling at the exchange rate of Sage pay on the date of payment.
5.4. Delivery costs will be calculated by OG Retail Ltd on the basis of the standard charges charged by carriers OG Retail Ltd use which may vary from time to time and will vary according to the country of destination and weight of the Products. This cost will be confirmed to you by OG Retail Ltd prior to submitting your Order and you agree to pay such delivery costs to OG Retail Ltd in addition to the Price.
5.5. No Order will be processed or accepted by OG Retail Ltd and no Products will be delivered to you unless and until the relevant Price (and delivery costs) for that Order has been received by OG Retail Ltd in cleared funds from you.
5.6. OG Retail Ltd’s standard Prices for Products are subject to change from time to time by OG Retail Ltd and any such change will be notified by amending the relevant Prices displayed on the Website. Any increase in the Prices for Products will only apply to an Order placed after the date of the increase, and will not apply retrospectively.
5.7. OG Retail Ltd is not liable for local taxes and duties. Products returned to OG Retail Ltd for non-payment of local taxes and duties will not be refunded.
RESTRICTIONS OF THE INTERNET
6.1. You acknowledge and accept that:
6.1.1. OG Retail Ltd has no control over the Internet, which is a worldwide network of computer systems. Access to the Website, Order processing system and secure online e-commerce payment system on the Website will not be error free or uninterrupted and may be variable; and
6.1.2. OG Retail Ltd will not be liable for any direct, indirect, incidental or other loss or damage which result or may result from your access to or use of the Internet or the Website.
6.2. The Website is maintained by OG Retail Ltd’s web hosting service provider. Every effort is made to ensure the continuity of the Website, but some occasional technical downtime beyond OG Retail Ltd’s control and/or the control of OG Retail Ltd’s hosting service provider may occur. Such downtime may prevent the Website or your content being available for the duration of the downtime and may result in errors occurring in the posting of Orders via the Website. OG Retail Ltd will not be liable for such delays nor errors resulting from any cause beyond OG Retail Ltd’s control and/or that of OG Retail Ltd’s web hosting provider including hosting server downtime.
7.1. Subject to these terms and conditions, you may cancel any Order by e-mailing OG Retail Ltd at [email protected] quoting “Order Cancellation” in the subject heading and the relevant Order reference number in the body of the e-mail. Cancellation of an Order may only be made in accordance with clause 7.2 below.
7.2. In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you are granted a cancellation period of seven (7) working days from the date of submission of the Order. The following will, therefore, apply to any cancellation received by OG Retail Ltd:
7.2.1. in the event that you cancel your Order within the abovementioned seven (7) working day period, on return by you of the Products if already despatched, you will be granted a full refund of the relevant Price;
7.2.2. in the event that you cancel your Order after the end of the abovementioned seven (7) working day period, the relevant Price paid to OG Retail Ltd by you will be non-refundable, subject to clause 9.
7.3. The terms of this clause 7 regarding cancellation of Orders are without prejudice to OG Retail Ltd’s Returns Policy set out in clause 9 below.
DELIVERY OF PRODUCTS
8.1. On OG Retail Ltd’s receipt of payment of the Price from you for an Order, OG Retail Ltd will arrange for delivery of the relevant Products to you to at the address stated by you in the Order. Delivery to P.O. Boxes will not be made.
8.2. Subject to OG Retail Ltd’s Returns Policy set out in clause 9 below, and unless otherwise agreed in writing by OG Retail Ltd, title and risk in all Products delivered by OG Retail Ltd to you pursuant to an Order will take place once the Products are despatched for delivery by OG Retail Ltd.
8.3. Any timescales or dates indicated for delivery of Products are for guidance only and time for delivery will not be of the essence in this Agreement. If no timescales or dates are so indicated, delivery will be made by OG Retail Ltd within a reasonable time. Notwithstanding this, under usual circumstances Products for delivery in the United Kingdom should be despatched within 14 days from the date of the Order.
8.4. OG Retail Ltd’s liability for non-delivery of the Products will be limited to replacing the Products within a reasonable time or issuing a refund of the Price paid by you. Reasonable evidence of non-delivery will be required and OG Retail Ltd will not be liable for more than one replacement of undelivered Products.
8.5. Without limitation to the provisions relating to Limitation of Liability in clause 11 below, OG Retail Ltd will not be liable or otherwise responsible for any loss or damage caused by late or delayed delivery of the Products to you.
9.1. In the event that any Products delivered to you pursuant to your Order are damaged or of a quality or specification which is reasonably less than that represented on the Website or requested in the Order, you may return the Products to OG Retail Ltd within 14 days of the date of delivery of the Products and, subject to clause 9.2 below, OG Retail Ltd will, at your preference, either:
9.1.1. provide a replacement of the Products to you; or
9.1.2. provide you with a full refund of the Price and reasonable delivery costs within a reasonable time, which under usual circumstances should be no more than 28 days.
9.2. OG Retail Ltd’s Returns Policy set out in clause 9.1 above is subject to the following terms:
9.2.1. return of Products or refund of the Price to you as a remedy under OG Retail Ltd’s Returns Policy will be at OG Retail Ltd’s choice and discretion;
9.2.2. undamaged Products or Products of a satisfactory quality will be non-returnable under OG Retail Ltd’s Returns Policy;
9.2.3. all returns of Products must be made in accordance with clause 9.3 below.
9.3. In order to return any Products pursuant to OG Retail Ltd’s Returns Policy set out in clause 9.1 above, you must complete the following procedure:
We must stress that in order to receive a refund or exchange:
The item(s) must be unworn and in perfect condition, with all OG Retail Ltd tags and bags still attached. Returns that are damaged, soiled or returned without all their labels may not be accepted and may be sent back to the customer.
Where provided, any designer packaging such as authenticity cards and dust bags must be included with your return.
Write the Returns Number on your return form, and enclose it with the item(s) you wish to return.
9.3.2. on receipt of your returned Products at the address indicated, OG Retail Ltd will replace the Products or refund the Price in accordance with your email.
IPR (INTELLECTUAL PROPERTY RIGHTS)
10.1. All IPR in the Products are and will remain owned by OG Retail Ltd or any third party OG Retail Ltd has collaborated with to develop the Products (as the case may be), and nothing in these terms and conditions will in any circumstances assign, sell or otherwise transfer the IPR in the Products to you or any other person. Furthermore, you are not granted any licence of the IPR in the Products by virtue of these terms and conditions.
10.2. Accordingly, Products are sold by OG Retail Ltd to you for non-commercial use by you as a consumer only and reproductions of the Products may not be made or re-sold in any circumstance.
10.3. You will be responsible for your use of the Products and you acknowledge and accept that OG Retail Ltd does not make any representation or warranties about the Products whether express or implied. For the avoidance of doubt, OG Retail Ltd does not warrant that the Products will not infringe the IPR of any third party.
10.4. Subject to clause 11 below, OG Retail Ltd will not be liable to you for damages, costs and losses incurred by you arising out of any claim made against you for infringement of any IPR of any third party caused by the Products or your use of the Products.
10.5. OG RETAIL LTD and associated brand features are OG Retail Ltd’s brand name and trade marks, the use of which by you or any other person without OG Retail Ltd’s express permission is expressly forbidden.
LIMITATION OF LIABILITY
11.1. These terms and conditions set out OG Retail Ltd’s entire liability to you and all other liability of OG Retail Ltd to you is hereby excluded, subject that nothing will exclude or restrict OG Retail Ltd’s liability for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from OG Retail Ltd’s negligence.
11.2. Subject to clause 11.1 above, you agree that OG Retail Ltd’s total liability under these terms and conditions will not exceed the Price actually paid by you to OG Retail Ltd relating to the relevant Order giving rise to the alleged claim or the sum of £500.00 whichever is the lower, including where such liability arises out of OG Retail Ltd’s negligence.
11.3. In no event will OG Retail Ltd be liable to you, whether in contract, tort, by statute or otherwise for any special, indirect or consequential loss or damage arising out of or in connection with the sale of the Products to you, including any claim that the Products infringe the IPR of any third party.
11.4 OG Retail Ltd will not be liable to you for any acts, omissions or failures of third party sub-contractors used by OG Retail Ltd in delivering Products to you pursuant to Orders placed by you under these terms and conditions, including but not limited to intermediary suppliers of Products, service providers for the delivery of Products and service providers of the secure online e-commerce payment system on the Website.
11.5 Nothing in these terms and conditions will limit you statutory rights as a consumer.
12.1You warrant and undertake that :
12.1.1. you will not use the Website or Products for any unlawful purpose or which gives rise to civil or criminal liability;
12.1.2 you will not use the Website or Products in conjunction with any abusive, illegal, pornographic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material or in any way which will or is likely to bring OG Retail Ltd into disrepute; and
12.1.3 you will not use the Website or Products to infringe OG Retail Ltd’s IPR or the IPR of any third party.
12.2 Notwithstanding the above, you warrant that you will be truthful and honest in your use of the Website and make purchases of Products in a responsible and reasonable manner and only as envisaged by these terms and conditions.
12.3 Any breach of these warranties will entitle OG Retail Ltd to cancel any Order at its discretion and OG Retail Ltd may at its discretion also cancel all or any other Orders made by you and terminate this agreement without notice.
12.4 OG Retail Ltd gives no warranties with regard to the Products or with regard to the content of the Website and to the maximum extent permitted by law, OG Retail Ltd excludes liability for all representations, warranties, conditions and other terms which but for this notice would have effect or be implied.
12.5 You will indemnify OG Retail Ltd and hold OG Retail Ltd harmless in full and defend OG Retail Ltd at your own expense against all claims, liabilities, costs and losses whatsoever and howsoever incurred by OG Retail Ltd arising out of any claim made against OG Retail Ltd as a result of the breach by you of the above warranties.
14.1 OG Retail Ltd may terminate this Agreement at any time for any reason on notice in writing (which may be by e-mail) to you in the event of any breach by you of the provisions of these terms and conditions.
14.2 On termination, any outstanding Order of yours will be immediately cancelled. Except as otherwise provided in these terms and conditions, the Price paid to OG Retail Ltd for the relevant Order will be refunded on termination, unless the relevant Products in question has been despatched to you prior to termination in which case the relevant Price will not be refunded.
15.1 Any notice required or permitted under these terms and conditions will be in writing (which may be by e-mail) and will be deemed to have been properly given:
15.1.2 48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to the address set out in the Order if notice is being given by OG Retail Ltd to you, or if notice is being given by you to OG Retail Ltd, at 58 Crewys Road, London, NW2 2AD; or
15.1.3 at close of business on the day of effective transmission if sent by e-mail to an e-mail address notified for that purpose.
OG Retail Ltd will not be liable for failure to meet its obligations under these terms and conditions if OG Retail Ltd or its contractors are prevented from or delayed in doing so due to circumstances beyond OG Retail Ltd’s reasonable control including, without limitation, acts of God, governmental actions, war, acts of terrorism, fire, explosion, flood, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies.
17.1 No provision of these terms and conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it.
17.2 OG Retail Ltd may assign OG Retail Ltd’s rights or obligations under these terms and conditions at anytime. You may not assign your rights or obligations under these terms and conditions without OG Retail Ltd’s prior written consent.
These terms and conditions will be governed by English law and both you and OG Retail Ltd submit to the exclusive jurisdiction of the English courts