SALE OF GOODS
1. INTRODUCTION
1.1 This website Olivine Design is trading, owned and operated by “Olivine Design LLP”. Company information can be found at the end of this document.
1.2 Please read through these Terms and Conditions carefully before using this website. We reserve the right to change these terms and conditions at any time and any changes will take effect as soon as they are posted on the website. By using the website, you signify your agreement to be bound by the latest terms and conditions.
1.3 When communicating on behalf of an organisation or company, you promise that you have authority to act on behalf of that entity.
2. PLACING ORDERS
2.1 You may place Orders for Goods via the website.
2.2 When placing an order, we will require your name, e-mail address, credit / debit card number, security code, and card expiry date. Without this information we will not be able to process your request or notify you of acceptance of your order. A contact telephone number is also required so that we may reach you if there is a problem with your delivery.
2.3 You must ensure that any information you supply to us is correct and you must promptly update us if there are any changes.
2.4 Dispatch of Goods is subject to our receipt of full payment in cleared funds.
2.5 All orders are subject to availability. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund. Alternatively you can wait for the goods to come back into stock.
3. MINOR VARIATION TO GOODS
3.1 All efforts have been made to display as accurately as possible the display of Goods on the website. However, you acknowledge and accept that there may be minor differences between the actual Goods and how they appear on the website, for example, the finish, colour, texture.
4. DELIVERY AND RETURNS
(Please see the Delivery and Returns policy document)
5. PRODUCT PRICING & DESCRIPTION
5.1 All prices on the website are in Pounds Sterling, and all prices include UK VAT. For pricing on delivery please see our Delivery and Returns policy document.
5.2 Prices are subject to confirmation at the time of order. Where a mistake in the price has been realised after payment has been made ‘Olivine Design LLP’ will offer the following remedies:
a. Where an overpayment has occurred the customer will be reimbursed
b. Where an underpayment has occurred the customer will be given the choice of making up the difference or cancelling the order and receiving a refund.
5.3 All Goods purchased are sold subject to their Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the website.
6. DELIVERY
6.1 Delivery will be complete when we deliver to the address that you specified when ordering. Different parts of your order may be delivered on different dates.
6.2 Please note that unless stated otherwise, delivery dates given on our website are estimates only. We accept no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our control and where we could not have taken reasonable steps to deal with the delay.
6.3 Please see Delivery & Returns policy for further information.
7. DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 “Olivine Design LLP” does not see to exclude or limit liability for death or personal injury arising from its negligence or that of its agents, suppliers, directors or employees or for any fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law.
7.2 To the fullest extent permitted by law and save as provided above, “Olivine Design LLP” shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), cost, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of the Website, the supply of the Goods, or their use or resale by you.
7.3 To the fullest extent permitted by law and save as provided above, “Olivine Design LLP’s” total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these. Terms of Use shall be limited to the price of the affected Goods ordered by you.
7.4 “Olivine Design LLP’s” total liability for any claim howsoever arising shall not exceed the price of the Goods supplied by “Olivine Design LLP” to the customer, together with any postage costs incurred. “Olivine Design LLP” shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way. “Olivine Design LLP” cannot accept any liability for a failure to comply with specific instructions stated. Your statutory rights are not affected by this statement.
7.5 “Olivine Design LLP” endeavours to check the accuracy of information on this website. However, ‘’Olivine Design LLP” does not warrant that such information will be error free and you acknowledge that information and products published on this website may include inaccuracies and errors.
7.6 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
8. RISK AND PROPERTY
8.1 The risk of damage to or loss of the Goods shall pass to you on the earliest of (i) actual delivery to you; or (ii) the first the time when “Olivine Design LLP” tenders delivery of the Goods to you.
9. GENERAL
9.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. Headings used in this agreement are for information and not binding.
9.2 No waiver by “Olivine Design LLP” of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.3 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
9.4 A person who is not a party to these Terms and Conditions shall have no rights under these Terms and Conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
9.5 “Olivine Design LLP” may assign or subcontract its obligations under these Terms and Conditions in whole or in part to any person, firm or company.
10. SITE USAGE
10.1 Subject to the Terms and Conditions, “Olivine Design LLP” grants you a limited nonexclusive licence to access and make personal use of the website, but not to download (other than the page caching) or modify it, or any portion of it, except with express written consent of “Olivine Design LLP”. You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
11. COMPANY INFORMATION
Company Name: Olivine Design LLP
Registered Number: OC381242
VAT number: 188241879
Country of incorporation: England and Wales
TERMS OF USE FOR WEBSITE
1. INTRODUCTION
1.1 This website “Olivine Life” is trading, owned and operated by “Olivine Design LLP”. Company information can be found at the end of this document.
1.2 Please read through these Terms and Conditions carefully before using this website. We reserve the right to change these terms and conditions at any time and any changes will take effect as soon as they are posted on the website. By using the website, you signify your agreement to be bound by the latest terms and conditions.
2. CHANGES TO OUR TERMS AND CONDITIONS
2.1 At any time we may change these Terms and Conditions on our website. You will therefore be bound by the revised agreement following the Effective Date shown.
3. ACCEPTABLE WEBSITE USAGE POLICY
3.1 You will agree you will not in association or connection with our website:
3.1.1 Breach any applicable law, regulation or infringe any intellectual rights of others
3.1.2 Publish or transmit any information including links or references to primary or third party content or behave in a manner which:
- is unlawful, defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of selfharm, misleading, abusive or deceptive;
b. infringes any intellectual property or other rights of others;
c. involves phishing or scamming or similar; or
d. we otherwise reasonably consider to be inappropriate;
3.1.3 Send or publish any information which involves revealing any personal data of another person (i.e information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
3.1.4 Impersonate any person or entity for the purpose of misleading others;
3.1.5 Sell access to our website;
3.1.6 Sell advertising, sponsorship or promotions on or in connection with content except where explicitly authorised by us;
3.1.7 Use our website for junk mail, spam, pyramid or similar or fraudulent schemes;
3.1.8 Do anything which may have the effect of disrupting our website including worms, viruses, software bombs or mass mailings;
3.1.9 Do anything which may negatively affect other users’ enjoyment of our website;
3.1.10 Gain unauthorised access to any part of our website or equipment used to provide our website;
3.1.11 Use any automated means to interact with our systems excluding public search engines; or
3.1.12 Attempt, encourage or assist any of the above.
4. CONTENT
4.1 You acknowledge that any information published or sent on or through our service by other users is the sole responsibility of the person from whom such content and information originated and we are not responsible for it.
4.2 We cannot guarantee that any general information that we make available on our website is accurate or up to date. You rely on it at your own risk.
4.3 If you post a review, comment or rating, you promise that you have no personal or business relationship with the entity, service or product being reviewed, that you have not been offered an incentive on behalf of the entity being reviewed to write the Review, that you are not a competitor of the entity concerned and that the Review is your independent, truthful, genuine opinion.
4.4 We reserve the right without notice or refund to suspend, alter, remove or delete content or to disclose to the relevant authorities any content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others or that a criminal act has been committed or if we are required to do so by law or appropriate authority.
5. PRIVACY
5.1 You acknowledge and agree that we may process your personal data in accordance with the terms set out in our Privacy and Cookies policy.
6. WEBSITE ERROR OR SUSPENSION
6.1 We cannot guarantee that our website will be error free or uninterrupted, and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability, to suspend the website for maintenance, repair, improvement or other technical reason and to make changes to our website.
7. YOUR ACCOUNT WITH US
7.1 You must not authorise or permit any other person to use our account. You must take reasonable care to protect and keep your password confidential along with other identity information. You must notify us immediately of any breach of security such as loss, theft, misuse or unauthorised disclosure of use of a password. You are responsible for third parties who use your account or identity.
7.2 We are entitled at any time and for any reason, with or without your consent to terminate your account on our website. This includes deletion of all data contained therein.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All trade marks, logos, content (including the structure of our website layout), graphics, images, photographs, animation, text and software used on this site are our intellectual property or that of our suppliers, partners or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicence, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
8.2 You must not collect, scrape, harvest, frame or deeplink to any information on our website without our specific prior written consent.
8.3 You permit us to use your content both on our own website and also, for marketing purposes, on other channels including social media and emails.
9. THIRD PARTY WEBSITE/SERVICES
9.1 We may link to third party websites which may be of interest to you and/or make available third party provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or service. You use such third party sites or service at your own risk.
10. LIABILITY
10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us include our employees and agents.
10.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
10.3 If you are a consumer (i.e. not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstance where:
10.3.1 There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
10.3.2 Such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
10.3.3 Such loss or damage is caused by you, for example by not complying with this agreement; or
10.3.4 Such loss or damage relates to a business
10.4 If you are a consumer (i.e. not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
10.5 The following clauses apply only if you are a business:
10.5.1 In no event (including our own negligence) will we be liable for any economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
a. loss of goodwill or reputation;
c. special, indirect or consequential losses; or
d. damage to or loss of data
10.5.2 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
10.5.3 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
10.5.4 This agreement constitutes the entire agreement between us with respect to its subject matter and supercede any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
11. ENGLISH LAW
11.1 These Terms and Conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
12. GENERAL
12.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. Headings used in this agreement are for information and not binding.
12.2 No waiver by “Olivine Design LLP” of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
12.4 A person who is not a party to these Terms and Conditions shall have no rights under these Terms and Conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
12.5 “Olivine Design LLP” may assign or subcontract its obligations under these Terms and Conditions in whole or in part to any person, firm or company.
13. COMPANY INFORMATION
Company Name: Olivine Design LLP
Registered Number: OC381242
VAT number: 188241879
Country of incorporation: England and Wales