Tel: 0044 (0) 1993 822298 Fax: 0044 (0) 1993 823629
GENERAL TERMS AND CONDITIONS AND DISCLAIMER RELATING TO USE OF THE OXFORD SHIRT COMPANY LIMITED WEB SITE
Thank you for visiting the Oxford Shirt Company Limited (OSC) web site (the "Web Site"). Please note that everything on this Web Site is subject to these General Terms and Conditions and you should read these before going any further. You are treated as accepting them by using the Web Site in any way including browsing. References in these General Terms and Conditions, and in the Terms and Conditions of Sale to "we" or "us" mean OSC.
All contracts for purchase of goods are governed by the Terms and Conditions of Sale as well as these General Terms and Conditions. In the event of any conflict between such terms and these General Terms and Conditions, the Terms and Conditions of Sale (as appropriate) shall apply.
Intellectual Property Rights
All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the Web Site including but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangement, all software (including but not limited to compilations, underlying source code, and applets) and all other material on the Web Site are owned by OSC and its affiliates, or have been licensed to OSC or its affiliates by their content and technology providers or other rights holders so that OSC or its affiliates can use such material as part of their Web Site.
You are only allowed to use the Web Site and the material contained in the Web Site as set out below. If you wish to do anything else with any of the material you must obtain the written permission of OSC or the owner of the rights in that material.
What You Are Prohibited To Do
- You may access any part of the Web Site.
- You may electronically copy and print in hard copy any individual page for your own personal use, for the purposes of placing an order with OSC or using this Web Site as a shopping resource, as long as you do not do any of the things set out under "What You Are Not Prohibited to Do".
What You Are Not Prohibited To Do
- You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the Web Site except as set out under "What You Are Prohibited to Do" or with the express prior written permission of OSC.
- You are not allowed to copy or use any material appearing on the Web Site for any commercial purpose at all.
- You are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to OSC or its affiliates or licensed to OSC or its affiliates by their third party rights owners for use on the Web Site) except as specifically permitted in these General Terms and Conditions without the written permission of the owner of that trade mark or to remove any such copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Web Site.
Governing Law and Contract Formation
You may submit orders to OSC via the Web Site for the sale of any product but no contract will subsist between you and OSC for the sale to you of any product unless and until OSC confirms, by email, the particulars of your order and gives you a reference number. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access it. Acceptance by OSC does not preclude its right to cancel an order in the event that it finds it is unable to fulfil the contract and is subject to your cooling off period and cancellation terms explained in the Terms and Conditions of Sale.
In respect of any orders that are placed by telephone, by correspondence or in person, the standard OSC terms applicable to such orders in force from time to time shall apply to those orders (and only to those orders) instead of these General Terms and Conditions, the Terms and Conditions of Sale.
Information displayed on the Web Site relating to pricing and availability is subject to change by OSC without notice. The pricing which will apply to your order will be that displayed on the Web Site on the day you make the order.
For the avoidance of doubt, any contract for the sale of any product from the Web Site will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and OSC irrevocably submit to the exclusive jurisdiction of the English Courts.
Disclaimer as to information on Web Site
The information in this Web Site is provided free of charge and on an "as is" basis. Except for any liability in respect of fraudulent misrepresentation, OSC is not liable for any action you may take as a result of relying on any information provided in this Web Site or for any loss or damage suffered by you as a result of you taking this action.
OSC uses reasonable efforts to make sure that all material and information contained on the Web Site is correct but, subject to the above statement about fraudulent misrepresentation:
- OSC does not accept any liability for any error or omission in the material or information;
- All material and information contained on the Web Site is only provided for the purpose of providing information about OSC and the products and services it supplies;
- OSC does not make any representation, term or warranty of any kind in respect of the material or information.
The Web Site includes links to external web sites. These links are provided in order to help you find out further information and to gain access to third party services and products quickly and easily. OSC is neither responsible nor liable for the content of these web sites.
Changes to terms and conditions
OSC reserves the right to make any changes to these General Terms and Conditions and Terms and Conditions of Sale. By browsing the Web Site you are accepting that you are bound by the then current General Terms and Conditions and if you choose to buy products, by the Terms and Conditions of Sale as applicable so you should check these each time you revisit the Web Site.
Variations to these General Terms and Conditions, or the Terms and Conditions of Sale, whether in relation to any Sale Contract or otherwise, shall only be effective if posted on this Web Site in accordance with the above paragraph or where specifically accepted and agreed by us in writing.
Our company details & address:
54-76 High Street
FAX: 0044 (0) 1993 823629
For all customer enquiries please email: firstname.lastname@example.org
TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale govern all products you enter into a contract to purchase on this Web Site ("Products" and a "Contract" respectively). These terms are specific to Products but Contracts are also governed by the General Terms and Conditions which you should also read. Variations to these Terms and Conditions of Sale shall only be effective if posted on this Web Site or where specifically accepted and agreed by us in writing.
Supplier of Products
The Products you purchase will be supplied by OXFORD SHIRT COMPANY LIMITED (OSC) which is located at the address set out in the General Terms and Conditions.
Description of Products
Every care has been taken to describe and portray Products on this Web Site accurately using current technology, but variations in actual goods may occur.
The prices of Products are stated on the Web Site and unless stated otherwise are quoted inclusive of VAT applicable to supply in the UK. Where VAT does not apply, a price adjustment will be made and a copy of your ex VAT invoice will be dispatched with your goods. The prices are subject to change without notice.
Contracts are formed in accordance with the timing and procedure set out in the General Terms and Conditions.
Input of Incorrect Information
We cannot accept any liability for any failure to comply with specific instructions stated on this Web Site or for any incorrect information provided by the customer.
Stock and Delivery Dates
We cannot guarantee permanent or continuous availability of all Products. Approximate dispatch times for all Products will be stated on the "shopping basket" and “final details” screens on the Web Site.
Subject to stock availability, we aim to despatch all orders within 28 days of processing. Where stock is unavailable we will advise of an expected availability date and if unsuitable endeavour to find you an alternative product.
Delivery address and overseas deliveries
We will deliver Products to the address you supply when ordering on the Web Site. It would be helpful if you would provide an address where someone will be in (work address, neighbour, friend etc.). We are not responsible for any delay in delivery caused by the unavailability of someone to take personal delivery of the Products. It is your responsibility to contact the post office or relevant courier company as applicable to arrange the collection or delivery of Products that could not be delivered because you were unavailable.’
UK standard delivery charge is £4.95, free UK standard delivery on all orders over £100. Delivery charges will be notified to you on the Web Site when you place an order and confirmed to you in a confirmatory email.
We can accept orders from most overseas addresses. But please call us on +44 (0) 1993 822 298 Please note for all orders delivered outside the EU, Products are DDU (delivered duty unpaid). Any local charges incurred must be met by the recipient of the Products. Orders placed online are not subject to VAT Retail Export Scheme.
General guarantee and returns policy
If you are not satisfied with any Product, please return it to us WITHIN 14 DAYS OF DELIVERY, along with details of your Contract (date, product, your name) and we will, at our choice and subject to the Product being unused with un-removed labels and in a resaleable condition, either exchange it or provide you with a refund.
You are responsible for the costs of returning the Products. If you are resident overseas please note that you are responsible for liaising with local authorities to ensure that Products are returned under the appropriate duty relief so as to ensure that any exchanged items dispatched by us as a result of your return do not attract further duty charges (as applicable). We will process returns as soon as they arrive, except during extremely busy periods when there may be a short delay.
If the goods are being returned due to an error on our part your postal costs will be refunded. Please allow up to 28 days once you have returned your goods for the refund to be credited.
When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
Cooling Off period
After entering into a Contract we will send you an email (on the email address you supply when ordering on the Web Site) confirming details of the Products and the Contract. You will then have a "cooling off" period during which you have a right to cancel the Contract without charge. You may exercise that right by using the cancel function provided on the Web Site or by notifying us by email at email@example.com . Following such notice you must return the Products covered by the cancelled Contract undamaged to us at the address set out in the General Terms and Conditions. You are responsible for the costs of returning the Products and we reserve the right to make a charge not exceeding our direct costs of recovering the Products in the event that you do not return the Products or return them at our expense. Following you exercising your right of cancellation we will refund any payments made by you excepting and subject to any costs of returning the Products. The cooling off period and related right to cancel will end seven working days beginning with the day after the day on which you receive the Products.
Our cooling off period We will make every effort to fulfil Contracts, however, you acknowledge that if for any reason we are unable to fulfil your Contract, we may inform you within 72 hours of sending our initial confirmatory email and you will receive a full refund in respect of the Contract.
When sending a return you must take reasonable care to see the Product reaches us undamaged and we therefore strongly recommend that you send it by registered post (or international equivalent).
The rights of cancellation and refund and any limitations on those rights expressed in these terms and conditions do not affect your statutory rights.
Refunds for Products purchased on this Web Site can only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will contact you on the email address supplied by you to discuss alternative arrangements.
Amendments to Contracts
We will consider requests to amend Contracts, in terms of changing Products or other details, but subject to anything to the contrary set out in these terms and conditions and subject to your cooling off rights, we are not obliged to accept any and we reserve the right to charge an administration fee for any amendment we agree to. Any such fee will be as stated on the Web Site on the day the relevant change is agreed to by us.
OSC`s total liability for any claim howsoever arising shall not exceed the price of the Products supplied by OSC to you. OSC shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether OSC was or ought reasonable to have been, aware of the possibility of such losses.
For the avoidance of doubt, OSC`s liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) under Part I of the Consumer Protection Act 1987; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest that this might be the case.
Payment for Products will be made via the Web Site in accordance with the procedure explained in the Web Site. We accept all major credit cards, excluding American Express.
Delay and failure to perform
OSC shall not be liable for any breach of any Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any Product, if the delay or failure was due to any cause beyond its reasonable control.
Our employees or agents are not authorised to make any representations concerning the Products unless such statements are confirmed by OSC in writing. Subject to the above statement about fraudulent misrepresentation, in entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.
Events outside our control
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 (“Force Majeure Event”).
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; and
(f) The acts, decrees, legislation, regulations or restrictions of any government
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.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Our Right to Vary these Terms
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Last updated 12/1/12