TERMS AND CONDITIONS OF SALE FOR OTTILY LIMITED
1.1 "Buyer" means the individual or organisation that buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles (including any digital content) that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Ottily Limited of Office 1, Orchard House, Tugby Orchards, Wood Lane, Tugby, Leicestershire LE7 9WE that owns and operates www.ottily.com.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means www.ottily.com.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Buyer and Seller.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website.
4.2 The total purchase price, including delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 Prices quoted exclude delivery in the UK (except seasonal free postage offers) and overseas unless otherwise stated.
4.4 Unless otherwise stated prices exclude VAT as we, the Seller, are not VAT registered.
4.5 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.6 Payment of the price and delivery charges must be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6.1 Goods supplied within the UK will normally be delivered within 5 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
6.2 Goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
6.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller is under a legal obligation to supply Goods in conformity with the Contract.
6.5 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.
6.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
6.7 The Seller shall not be liable for any delay in delivering the Goods, however, caused.
7 RETURNS POLICY
7.1 The Buyer, if a Consumer, has the right to return the Goods unused and in their original packaging, without undue delay and in any event not later than 14 days of receipt of delivery in order to receive a full refund. The Buyer will have to bear the direct cost of returning the Goods unless said Goods are faulty.
7.2 If Goods are deemed faulty, upon receipt of the returned Goods, the Seller will reimburse to the Buyer all payments received from the Buyer including the cost of delivery (except for the supplementary costs arising if the Buyer chooses a type of delivery other than the least expensive type of standard delivery offered by the Seller).
7.3 We, the Seller, may make a deduction from the reimbursement for loss in value of any Goods supplied if the loss is the result of unnecessary handling by the Buyer.
7.4 If the Goods constitute footwear, these products must be tried on a clean carpeted surface and will not be refunded if there appears to be evidence or damage resulting from outdoor wear.
7.5 The Seller will make the reimbursement using the same means of payment as the Buyer used for the initial transaction. The Buyer will not incur any fees as a result of the reimbursement.
8.1 We endeavour to dispatch all orders within 2 working days from when your order is placed and the payment is received. You may cancel your contract with Ottily Limited and return the Goods to us for a full refund (minus the original delivery costs), within 30 days of receiving your order. To cancel your order you must notify us in writing by email to firstname.lastname@example.org quoting your name and order reference number.
8.2 In the event of an order cancellation on your part (a return within 30 days), you are required to cover the cost of returning the Goods to Ottily Limited. We cannot reimburse you for this cost unless the Goods are faulty or have been damaged in transit. In the unlikely case your order is faulty or has been damaged in transit, please contact us by emailing email@example.com. We will either replace the damaged item and dispatch it free of charge within 2 working days, or refund the price you paid for the item including postage.
8.3 We reserve the right to require proof of damage: You can either photograph the damage and email it to us at firstname.lastname@example.org, or return the item to our postal address
8.4 If the Goods are found to be faulty or damaged, we will refund the price you paid for it, and reimburse you for the returns postage. If the Goods are found not to be faulty or damaged, we cannot refund you for the Goods, or reimburse you for the return postage costs.
9 GIFT VOUCHERS
In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
9.1 Gift vouchers will be dispatched within 2 days of acceptance of order and will be delivered by email. Payment must be made at the point of sale.
9.2 The Buyer must notify the Seller of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
9.3 Risk of loss, destruction or damage to the vouchers remains with the Seller until delivery to the Buyer where upon risk shall pass to the Buyer.
9.4 Gift vouchers may be exchanged for Goods ordered via www.ottily.com or purchased at events featuring Ottily Ltd. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Seller has been in error in fulfilling the Buyer's order.
9.5 Gift vouchers are valid for 12 months from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.
10 REMEDY FOR BREACH
All Goods (including digital content) supplied by the Seller must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.
11 CONFORMITY OF GOODS
11.1 Every care is taken to ensure that the description, specification and pricing of all products shown on our website are correct. The product information and specification provided is not binding but is carefully considered and intended to give a general description of each product.
11.2 Whilst care is taken to ensure we display as accurately as possible appearances, colours, textures or finishes, we cannot accept any responsibility for variation in images of the actual goods caused by differences in browser software.
12 LIMITATION OF LIABILITY
12.1 The Seller shall not be responsible for:
12.1.1 losses that were not caused by any breach on the part of the Seller; or
12.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
12.1.3 any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller.
12.2 The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control.
12.3 Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence or wilful misconduct.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
14 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
16 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
17 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.
WEBSITE TERMS AND CONDITIONS
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
Use of website
1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.
1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
Visitor provided material
1.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
Links to and from other websites
1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
Exclusion of liability
1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.
1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
1.16 Your order will be processed and delivered without undue delay, no later than 30 days after your order has been placed.
1.17 Please allow for up to 7 working days for delivery following the dispatch of your order.
Cancellations, returns and refunds
1.18 All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
1.19 Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
1.20 To meet the cancellation deadline, please notify us via email or phone about cancelling the order before the cancellation period has expired.
1.21 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the order.
1.22 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
1.23 Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.
1.24 You will not have any right to cancel an order for the supply of any of the following goods:
(a) medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement.
(b) a contract for passenger transport services - such as bus, rail or flight tickets.
(c) the supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
(d) the supply of goods that are made to the customer's specification or are clearly personalised.
(e) the supply of goods that are liable to deteriorate or expire rapidly - such as a delivery of fresh flowers or meat.
(f) the supply of newspapers, periodicals or magazines.
(g) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance - for example, hotel bookings, courier services, car hire, restaurant bookings and theatre tickets for specific dates.
1.25 In addition you will lose your right to cancel if you:
(a) unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons.
(b) unseal audio, video recordings or computer software that were sealed at the time of delivery.
(c) combine goods with other goods after delivery so that they become inseparable.
Law and jurisdiction
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.