Terms and Conditions
1. Terms and Conditions
In using this website, you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company; Oh Polly Ltd, Registered in Scotland with the Company number SC504402. Located at Oh Polly, Unit 3, Power Station, Thermal Road, Bromborough, CH62 4YD. We are VAT registered number GB274985741. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2. Sales Contract
2.1 Orders placed by you on the website www.ohpolly.com (the “Website”) for the products offered by us through the website are only an offer to conclude a sales contract. The sales contract is entered into upon the confirmation of the order by e-mail by us to you.
2.2 You are the individual or individuals placing the order (‘you’, ‘your’). You must be 18 years or over to enter into a contract with us by placing an order with us, you confirm that you are 18 years or over.
2.3 If you are not yet 18, you agree that you have obtained the bill payer’s permission to enter in to a contract with us.
2.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
3. Order Placement
3.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each page of the order process.
3.2 After you have placed an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
3.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.5 If we are unable to verify the delivery or payment information you have supplied we may restrict delivery to the address to which your credit or debit card is registered.
4.1 We accept all major credit cards (American Express / MasterCard / Visa) debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron) and PayPal payments.
4.2 Your credit card or other account detailed at 4.1 above will be debited when you click on the “confirm” button.
4.3 Any credit card used for payment must be in the name of the person ordering and the same card must be carried at the time of delivery - it may be required for verification and obtaining signature on a credit card charge form for delivery.
4.4 All payments are processed through third party payment gateways using PCI Encryption. We do not store credit card details nor do we share customer details with any 3rd parties.
5. Pricing and VAT
5.1 All prices stated on this website include and are subject to the current rate of UK VAT at the then prevailing rate. However, if the rate of VAT changes between the date of your order and the date of delivery, where applicable, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
5.2 VAT is not charged on orders outside the European Union.
5.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If we accept and process your order where a pricing error is obvious and unmistakeable and could have reasonably been recognised by the average customer as an error, we may end the Contract, refund you any sums you have paid and require return of any products provided to you.
6.1 Deliveries are made to the delivery address given at time of order. Customer accepts full responsibility for ensuring accuracy of information provided.
6.2 You accept and agree that we will not be held liable for deliveries that are delayed.
6.3 You accept and agree that we will not be held liable for deliveries that go missing. However we will make like for like replacements if a delivery goes missing due to the fault of a 3rd party (i.e. courier) after a sufficient time period has elapsed and after you agree to assist us in any subsequent investigations for compensation from said 3rd party.
6.4 We do not deliver to PO Box or hotel addresses.
6.5 As stated in Clause 10 within this Agreement, we will only refund outbound postage costs for the least expensive common/standard delivery method. The cost of expedited and priorty services will not be refunded over and above that of the least expensive common/standard delivery method.
7.1 This warranty is valid only to the original purchaser when a new piece is purchased from us.
7.2 This warranty is invalidated if you allow a third party to repair or attempt to repair any item.
7.3 In the event of a dispute as to the cause of damage, we reserve the right to send the Product to a mutually agreed independent third party assessor to determine the nature of the defect. Only if their judgement indicates a defect in material or workmanship will we repair the item.
7.4 This warranty does not cover expenses incurred by you due to a lack of proper care of your product.
7.5 Please keep your proof of purchase documents – they will be required for in order to procure warranty service in the event you wish to make a warranty claim.
7.6 Please notify Oh Polly Ltd (T/A Oh Polly) within 14 days of purchase in the event that you wish to claim a replacement for a defect.
8. Limitation of Liability
8.1 As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
8.2 Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions:
8.2.1 provided that this shall be subject to an overall limit of the total amount paid to Oh Polly Ltd under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these terms and conditions.
8.2.2 The above limits on liability shall apply in respect of (any indemnities provided by either party under this Agreement, including without limitation to the indemnities under clauses 12 Intellectual Property)
8.2.3 Each party's liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:
1. loss of profits;
2. loss of business opportunity;
3. loss of goodwill;
4. loss of data;
5. loss of anticipated savings; or
6. any special, indirect or consequential loss or damage whatsoever.
8.2.4 The parties agree that the limitations on liability within these terms and conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.
8.2.5 Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for:
1. fraud or fraudulent misrepresentation; or
2. any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
3. any other liability to the extent the same cannot be excluded or limited by law.
9. Force Majeure
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10. Returns & Refunds
Our Returns Policy applies to all purchases made on Oh Polly Ltd (T/A Oh Polly) and are incorporated by reference in these Terms.
10.1 Returns and Exchange Policy
If you are not entirely satisfied with the product purchased, you can return within the ‘cooling off’ period of 14 days. We will exchange the product for an item of the same value.
10.2 Unused products, with all of the original receipts and packaging must be post-marked to us within 14 days of receiving your order for a full refund of the cost of the item(s) and the least expensive common delivery method.
10.3 If you wish to return a Product to us, either under the rights provided by the Regulations or if you believe the Product is damaged or is the subject of a fault, and you are relying upon your statutory rights and/or you believe that the Product is covered by our warranty, you should not make further use of the Product. Use of the product can in circumstances outside of the Regulations lead to a reduction in the amount of refund you may be entitled to.
10.4 We do not accept returns after 14 days. If, however, you would like a full refund then the following process must be followed.
a.) Please email firstname.lastname@example.org to inform us that you would like to return your item. You will be given a Returns reference number which must accompany item(s) when shipped back to us
b.) Return all original packaging,
c.) Address your package after receiving details from us as to the returns address.
d.) Contact us before the product is actually sent. Any unauthorised mail will be returned to sender. Any items damaged or altered in any way will not be accepted as returns.
e.) Quality checking/assessment will take place once the item(s) are received.
f.) Once received and checked you will receive an email (quoting your Returns reference number) which will confirm any further course of action if necessary.
g.) We will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.
This website and its content is copyright of Oh Polly Ltd (T/A Oh Polly). All rights reserved.
12. Intellectual Property
12.1 Oh Polly Ltd (T/A Oh Polly) ("Oh Polly Ltd") respects and rigorously abides by intellectual property laws. Accordingly, Oh Polly Ltd (T/A Oh Polly) rightfully expects the same of all parties who use our website. Oh Polly Ltd (T/A Oh Polly) and/or its affiliates are owners or lawful licensees of all content (including but not limited to designs, logos, colour schemes, graphics, graphic styles, text, images and video/audio sequences) displayed on this website. Any unauthorized copying, publication, reproduction or distribution of copyrighted works is an infringement of the copyright owners' rights and is therefore prohibited. You may not, except with our express prior written permission (on whatever terms we deem appropriate), distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Any unauthorized use of Oh Polly Ltd (T/A Oh Polly).’s (without limitation) patents, trademarks, service marks, logos, slogans, screen shots, graphics, graphic styles, designs, blog posts, copyrighted materials or any branded features ("Oh Polly Ltd (T/A Oh Polly) Proprietary Property") without the prior written permission of Oh Polly Ltd (T/A Oh Polly) is strictly prohibited. If you infringe upon Oh Polly Ltd (T/A Oh Polly).’s rights with respect to any Oh Polly Ltd (T/A Oh Polly) Proprietary Property, you will be ordered to cease such illegal activity and you may be liable to Oh Polly Ltd (T/A Oh Polly) for any and all damages (including recovery of legal fees and expenses) which may be suffered and/or incurred as a result of your infringement.
If you are a legitimate copyright owner who believes that your rights have been infringed upon in any way through the content or services provided on this website, please notify us at: Oh Polly Ltd (T/A Oh Polly), Unit 3, Power Station, Thermal Road, Bromborough, CH62 4YD.
We reserve the right to make changes, without prior notice, to any products or services mentioned on this site at any time.
These Terms and Conditions and your use of this site will be governed by and construed in accordance with English Law.
Please note that nothing contained in these Terms and Conditions of Sale in any way affects your statutory rights.
14. Contact Information
Questions about these terms and conditions should be directed to email@example.com
20k Giveaway Competition – 1k a Day for 20 Days
1. The promoter of the 20k Giveaway Competition (“Prize Draw”) is: Oh Polly Ltd. Unit 3, Power Station, Thermal Road, Bromborough, CH62 4YD (“Promoter”)
1.1. The competition is open worldwide. Entrants must be 18yrs or over.
1.2. The competition starts at 12pm GMT 11.09.2018 and ends 11.59pm 30.09.2018. ("Competition or Competition Period")
1.3. 20 x winners (1 winner each day during the competition period) will be picked by random selection from all valid entries.
1.4. Employees of the Promoter or any associated company and their immediate family or anyone else involved in the organisation of the Prize Draw, may not enter the Prize Draw.
1.5. Entrants must have access to the internet and have their own active and public Instagram account to enter the competition.
1.6. Entrants remain subject to the Instagram terms and conditions.
How To Enter
2. To enter the prize draw entrants must:
2.1 Follow @ohpolly (on Instagram) and like and comment on the competition post tagging three friends.
2.2. Entries must be made during the competition period to be valid.
2.3. Entrant can enter as many times as they like during the competition period however entrant can only win once.
2.4. Entries received after the end of the competition period will not be valid.
2.6. Use of a false name or Instagram account will disqualify the selected entrant from receiving any prize.
2.7. Entry into the Instagram competition will be deemed acceptance of these rules.
3. The promoter will give each winner 1 x $500 cash prize, or equivalent in winners local currency, and 1 x $500 Oh Polly credit note redeemable against merchandise on www.ohpolly.com. Credit note must be used within 1 year of issue.
3.1. 20 x ($500 cash and $500 Oh Polly credit notes) will be issued in total.
3.2. All prizes are non-transferable and non-refundable, and the winners cannot request any alternative prize.
3.3. All prizes will be issued within 10 working days of competition end date (30.09.2018)
Winner Terms & Conditions
4. The promoter will select 1 winner daily (for 20 days) at random from the competition post on @ohpolly Instagram.
4.1. The promoter's decision is final and not subject to bias.
4.2. The winners will be contacted by the promoter through Instagram messages within 48hours, and they have seven days to respond and claim the prize.
4.3. The promoter reserves the right to ask any potential winner for documented proof of name, contact and account details for the transfer of cash prize draw.
4.4. The winner may be required to participate in publicity including being featured on the promoter’s social media channels.
4.5. If any winner fails to respond to the promoter within seven days of the promoter contacting the winner via direct message on Instagram, asking them to claim the prize, then the promoter acting in its absolute discretion may:
4.5.1. Withdraw the prize from that winner.
4.5.2. Offer the prize to another winner.
4.6. If the prize is declined by a winner or is withdrawn from a winner by the promoter the declining or forfeiting winner will continue to be subject to the provisions of these terms and conditions.
4.7. The promoter will not sell or share your data with any other company. However, for the prize winners only, it will be necessary to collect personal details to facilitate the prize on our behalf.
5. The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter through its Instagram accounts.
5.1. By entering the Prize Draw, you accept these Terms and Conditions as in force at the time you submit your Entry.
5.2. Any person who provides their Details to the Promoter in connection with this Prize Draw accepts:
5.2.1. These Terms and Conditions; and
5.2.2. the use of their personal data by the Promoter for the administration of the Prize Draw (including publishing the names of the Winners and any administration relating to the Prize); and any other purpose for which they have consented.
5.4. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
For the names of the Winners or for a copy of these Terms and Conditions, please send a stamped addressed envelope together with your written request to 20k Giveaway Competition, Unit 3, Power Station, Thermal Road, Bromborough, CH62 4YD