TERMS & CONDITIONS
Welcome to the Owl and Brolly website terms and conditions page. Please read all of the information carefully, so that you are fully informed of your rights and limitations. These terms and conditions apply to the use of this e-commerce website, and other external dealings with Owl and Brolly. By accessing this website and/or placing an order, you are deemed to have read, understood and agreed to the following terms and conditions. If you do not agree to be bound by these terms and conditions you may not use or access this website, or otherwise purchase Owl and Brolly products. Should you have any enquiries relating to these terms and conditions please contact firstname.lastname@example.org.
– “Seller/our/we” – Owl and Brolly
– “Website” – owlandbrolly.com
– “Buyer/Customer/you/your” – any website visitor, or purchaser of Owl and Brolly products.
– “Goods/product(s) – any item purchased, or able to be purchased, by a Customer
– Your statutory rights as a Customer will not be affected by these Terms and Conditions.
– These Terms and Conditions shall apply to all contracts for the sale of Goods by Owl and Brolly and shall prevail over any other documentation or communication from the Customer.
– Acceptance of delivery of any purchase made from the Seller shall be deemed conclusive evidence that a Customer has agreed to these Terms and Conditions.
– You agree fully to indemnify, defend and hold all Owl and Brolly employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of our website at owlandbrolly.com, or the use by any other person accessing the website using your shopping account and/or your Personal Information.
-The Seller will make every effort to ensure prices are correct at the point at which the Buyer places an order, but reserves the right to update prices on our website and/or withdraw or amend discount offers at any time.
-Owl and Brolly shall not be liable to anyone for withdrawing from sale, or amending, any products, or for refusing to process an order.
Exclusions and Limitations:
The information on the Owl and Brolly website is provided on an “as is” basis. To the fullest extent permitted by law:
– We are not responsible for and shall not be held liable for any claims and warranties relating to its website or products made by any third party.
– We shall not be held liable for any damages arising out of or in connection with any person’s use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
– We shall not be held liable for any damages to walls or any other surfaces caused by the application or removal of any of its products. All the wall safety advice and warnings are on each of the listings prior to placing an order. You must check that your walls are suitable for this product before an order is placed.
– The Seller does not exclude liability for death or personal injury caused by its own negligence, but shall not be held responsible for any personal harm arising from the use of its products by its customers.
– The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
PURCHASE OF PRODUCTS
– All orders for Goods shall be deemed to be an offer by the Buyer to purchase products 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.
– Where a product order by the Buyer cannot be fulfilled in the timescale outlined on the product information page at owlandbrolly.com, the Buyer shall be notified and given the option to either wait until the order can be fulfilled, or cancel the order and receive a full refund within 30 days.
– All cancellations of an order, even if you cancel before you receive the product, are subject to Cancellation and returns policy on these Terms and Conditions.
Price and Payment
– All our business is on a cash basis and your payment of the price (including VAT and P&P) must be made in full before dispatch of the Goods. (By bank transfer, credit card, debit card, cheque and Paypal)
– Prices and delivery charges are as published on the website when the Buyer places and order and makes payment. All prices on our website are inclusive of any applicable value-added tax (VAT).
– The total purchase price, including VAT and P&P charges, will be displayed on an invoice document, or confirmed at the time of purchase from the Owl and Brolly website.
– In the event of Non-payment by the due date, Owl and Brolly reserve the right to cancel the contract or to suspend deliveries without further notice.
– The delivery charge for the order will be shown at the point of checkout on the Owl and Brolly website, or made clear in and promotional materials online or offline.
– Goods supplied within the UK will normally be delivered within the timescale stated on the product description on the Owl and Brolly website. The Buyer can make a complaint about Non-delivered Goods after 7 working days of the end of the agreed timescale period.
– Delivery timescales of Goods supplied outside of the UK will be agreed at the time of purchase, subject to estimated times provided by a courier.
– All products posted in the UK are sent via Royal mail. A certificate of postage is obtained for products under £20. Products over £20 need to be signed for on delivery. Owl and Brolly shall not be held responsible for any delay or non delivery caused via Royal mail.
– Owl and Brolly shall endeavour to meet any agreed timescale for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
– Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer must ensure the delivery information while ordering. The Seller shall not be liable for any losses due to incorrect delivery information from the Buyer. Please check your Paypal address on file is update and correct at the time of placing an order with us.
– If you order from outside the UK, additional postage fees and timescales may apply; and taxes and duties may be charged in accordance with your National Customs Service.
CANCELLATION AND RETURN POLICY
– If you change are not 100% satisfied with the purchase, you can return the product for a full refund (excluding Shipping cost) or exchange the product for another one, be it similar or not. Owl and Brolly will not issue a FULL REFUND unless the item is proved to be faulty or has not yet been dispatched. The Buyer can return a product for up to 28 days from the date they purchased the product(s).
– After receiving a product, the Buyer has a legal right to cancel the contract for any reason at any time within the legal “Cooling Off Period”, provided that the main product has not been opened or tampered with, except for products with any customisation, which cannot be refunded if the Buyer simply changes their mind.
– Any product the Buyer returns must be in the same condition they received it in and in the original packaging, with the exception of the test sticker, which may be used without affecting the Buyer’s statutory rights.
– The Buyer shall inspect the Goods immediately upon receipt and must notify the Seller within 14 days of delivery confirming in writing or via-email if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods and Owl and Brolly will no longer be obliged to consider a refund or replacement. Photographic proof of damage will be required and all original packaging must be retained in order for a refund to be considered.
– Goods must be returned by the Buyer and insured for its value.
– If appropriate, the Buyer will receive a refund (excluding delivery charges unless otherwise agreed) within 28 days of cancellation.
– The Buyer only has the right to demand an exchange or a refund on damaged goods or Non Delivery of goods without any charge. The Buyer’s dissatisfaction with goods specifications such as size, colour, weight, and design is not applicable.
– If the Buyer fails to return the Goods following cancellation, Owl and Brolly shall be entitled to deduct the cost of recovering the Goods from the Buyer.
– No refund will be given unless items are returned completely with all original packaging, with the exception of test stickers.
– Owl and Brolly are not liable for undesirable events occurring beyond their control.
– The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.
– The Seller cannot be held responsible the actions of our customers during the handling of our products.
– All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyers purpose.
– The colours the Buyer see on the screen may vary to the actual product. The screen colours should be used as a guide only, as the Seller will not be held responsible for any colour variations from screen to product.
Limitation of liability
– Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
– Whilst the Seller takes every step to limit any damage to walls Seller cannot guarantee every surface will remain damage free. Any damage caused is unfortunate, but ultimately not the Seller’s responsibility to repair. The Seller has gone to great length to find materials and install equipment that are both fit for purpose and industry recognised, meaning that damage caused is as a result of circumstances out of our control.
– Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers agents or employees.
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, lockouts, 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.
These Terms and Conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Owl and Brolly and you are expected to do. You confirm that, by accepting these conditions, you have not relied on any representation save insofar as the same had expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Changes to Terms and Conditions
Owl and Brolly has the right 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.
Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
The Owl and Brolly Team