Sales Terms and Conditions - Oh Polly

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; G4K Fashion Ltd, Registered in England & Wales with the Company number 08367399. Located at Oh Polly, Unit 3, Durley Park Close, North Cheshire Trading Estate, CH43 3DZ. We are VAT registered number GB156062324.  “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. Payment

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. Delivery

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 do not refund postage costs.

 

7. Warranty

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 G4K Fashion 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 G4K Fashion 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 G4K Fashion 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.

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 hello@ohpolly.com 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.

 

11.          Copyright

This website and its content is copyright of G4K Fashion Ltd (T/A Oh Polly). All rights reserved.

 

12.          Intellectual Property

12.1 G4K Fashion Ltd (T/A Oh Polly) ("G4K Fashion Ltd") respects and rigorously abides by intellectual property laws. Accordingly, G4K Fashion Ltd (T/A Oh Polly) rightfully expects the same of all parties who use our website. G4K Fashion 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 G4K Fashion 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 ("G4K Fashion Ltd (T/A Oh Polly) Proprietary Property") without the prior written permission of G4K Fashion Ltd (T/A Oh Polly) is strictly prohibited. If you infringe upon G4K Fashion Ltd (T/A Oh Polly).’s rights with respect to any G4K Fashion Ltd (T/A Oh Polly) Proprietary Property, you will be ordered to cease such illegal activity and you may be liable to G4K Fashion 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:   G4K Fashion Ltd (T/A Oh Polly), Unit 3, Durley Park Close, North Cheshire Trading Estate, CH43 3DZ

Email: hello@ohpolly.com

We reserve the right to make changes, without prior notice, to any products or services mentioned on this site at any time.

 

13. Governance

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 hello@ohpolly.com