Terms & Conditions - Consumers1. Interpretation
1.1 In these Conditions, the following definitions apply:
a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
the terms and conditions set out in this document as amended from time to time in accordance with clause 7.2.
the Contract between OLIF and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
"Customer", “You” and “Your”
the person who purchases the Goods from OLIF.
"Force Majeure Event"
means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or non-performance by suppliers or subcontractors.
the Goods (or any part of them) set out in the Order.
the Customer’s order for the Goods, as set out in the Customer’s purchase order form, the Customer’s written acceptance of OLIF’s quotation, or overleaf, as the case may be.
means OLIF’s product guarantee, as set out on the Website.
"OLIF", “We”, “Us” and “Our”
OLIF Trading Limited (registered in England and Wales with company number 07239384).
2. These Terms
2.1 These are the Conditions on which We supply Goods to You.
2.2 Please read these Conditions carefully before You submit Your Order to Us. These Conditions tell You who We are, how We will provide the Goods to You, how You and Us may change or end the Contract, what to do if there is a problem and other important information. If You think that there is a mistake in these Conditions, please contact Us to discuss.
3. Information About Us And How To Contact Us
3.1 You can contact Us by telephoning Us on 01342 834 003 or by writing to Us at email@example.com or OLIF Trading Ltd, Stratfords, Hobbs Industrial Estate, Newchapel, Lingfield, Surrey RH7 6HN, United Kingdom.
3.2 If We have to contact You We will do so by telephone or by writing to You at the email address or postal address You provided to Us in Your Order.
3.3 When We use the words “writing” or “written” in these terms, this includes emails.
4. Our Contract With You
4.1 Our acceptance of Your Order will take place when We email You to accept it, at which point a Contract will come into existence between You and Us.
4.2 If We are unable to accept Your order, We will inform You of this and will not charge You for the Goods. This might be because the Goods are out of stock, because of unexpected limits on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the Goods or because We are unable to meet a delivery deadline You have specified.
4.3 We will assign an order number to Your Order and tell You what it is when We accept Your Order. It will help Us if You can tell Us the order number whenever You contact Us about Your Order.
5. Our Goods
5.1 The images of the Goods on our Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
5.2 Any Goods purchased to You by Us will match any samples provided to You, except to the extent that any differences between the sample and the Goods is brought to Your attention before the Contract is made.
5.3 We confirm that on delivery, and for any periods of time stipulated in the Product Guarantee ("warranty period"), the Goods shall:
5.3.1 conform in all material respects with their description;
5.3.2 be free from material defects in design, material and workmanship; and
5.3.3 be of satisfactory quality; and
5.3.4 be fit for any purpose held out by Us.
6. Your Rights To Make Changes
If You wish to make a change to the Goods You have ordered please contact Us. We will let You know if the change is possible. If it is possible We will let You know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of Your requested change and ask You to confirm whether You wish to go ahead with the change. If We cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the Contract in accordance with clause 9.
7. Our Rights To Make Changes
7.1. We may change the Goods:
7.1.1 to reflect changes in relevant laws and regulatory requirements; or
7.1.2 to implement minor technical adjustments and improvements, for example to address a Goods fault,
these changes will not affect Your use of the Goods.
7.2 In addition, We may make the following changes to these Conditions or the Goods, but if We do so We will notify You and You may then contact Us to end the Contract before the changes take effect and receive a refund for any Goods paid for but not received:
7.2.1 to the Conditions, which may include the variation and/or introduction of additional terms and conditions;
7.2.2 to the Goods due to a Force Majeure Event that results in the original Goods being unavailable; or
7.2.3 to the Goods due to increases in the cost of materials or resources used to produce the Goods, which are beyond the reasonable control of OLIF.
8. Providing The Goods
8.1 The costs of delivery will be as displayed to You on our Website (the “Delivery Policy”).
8.2 We will deliver the Goods to You in accordance with our Delivery Policy.
8.3 If Our supply of the Goods is delayed by a Force Majeure Event We will contact You as soon as possible to let You know and We will take reasonable steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the Force Majeure Event, but if there is a risk of substantial delay You may contact Us to end the Contract and receive a refund for any Goods You have paid for but not received.
8.4 If no one is available at Your address to take delivery of the Goods, We will leave You a note informing You of how to rearrange delivery.
8.5 If after a failed delivery to You, You do not re-arrange delivery We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact You or re-arrange delivery We may end the Contract and clause 11.2 will apply.
8.6 The Goods will be Your responsibility from the time We deliver the Goods to the address You gave Us.
8.7 You own the Goods once We have received payment in full.
8.8 We may need certain information from You so that We can supply the Goods to You. If so, this will have been stated in the check out process for the Goods on Our Website. We will contact You to ask for this information. If You do not give Us this information within a reasonable time of Us asking for it, or if You give Us incomplete or incorrect information, We may either end the Contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by You not giving Us the information We need within a reasonable time of Us asking for it.
8.9 We may have to suspend the supply of the Goods to:
8.9.1 deal with technical problems or make minor technical changes;
8.9.2 update the Goods to reflect changes in relevant laws and regulatory requirements;
8.9.3 make changes to the Goods as requested by You or notified by Us to You (see clause 7).
8.10 We will contact You in advance to tell You We will be suspending supply of the Goods, unless the problem is urgent or an emergency. You may contact Us to end the Contract for the Goods if We suspend it, or tell You We are going to suspend it and We will refund any sums You have paid in advance for the Goods in respect of the Goods that You have not yet received.
8.11 If You do not pay Us for the Goods when You are supposed to (see clause 4), We may suspend supply of any further Goods until You have paid Us the outstanding amounts. We will contact You to tell You We are suspending supply of the Goods. We will not suspend the Goods where You dispute the unpaid invoice (see clause 13.6). As well as suspending the Goods We can also charge You interest on Your overdue payments (see clause 13.5).
9. Your Rights To End The Contract
9.1 Your rights when You end the Contract will depend on what You have bought, whether there is anything wrong with it, how We are performing and when You decide to end the contract:
9.1.1 If what You have bought is faulty or misdescribed You may have a legal right to end the Contract (or to get the Goods repaired or replaced or to get some or all of Your money back), see clause 12;
9.1.2 If You want to end the Contract because of something We have done or have told You We are going to do, see clause 9.2;
9.1.3 If You have just changed Your mind about the Goods, see clause 9.3. You may be able to get a refund if You are within the cooling-off period, but this may be subject to deductions and You will have to pay the costs of return of any Goods;
9.1.4 In all other cases (if We are not at fault and there is no right to change Your mind), see clause 9.6.
9.2 If You are ending a Contract for a reason set out at 9.2.1 to 9.2.5 below the Contract will end immediately and We will refund You in full for any Goods which have not been provided and You may also be entitled to compensation. The reasons are:
9.2.1 We have told You about an upcoming change to the Goods or these terms which You do not agree to (see clause 7.2);
9.2.2 We have told You about an error in the price or description of the Goods You have ordered and You do not wish to proceed;
9.2.3 there is a risk that supply of the Goods may be significantly delayed because of a Force Majeure Event;
9.2.4 We have suspended supply of the Goods for technical reasons, or notify You We are going to suspend them for technical reasons; or
9.2.5 You have a legal right to end the Contract because of something We have done wrong.
9.3 For most Goods bought online You have a legal right to change Your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Conditions.
9.4 You do not have a right to change Your mind in respect of:
9.4.1 Goods sealed for health protection or hygiene purposes, once these have been unsealed after You receive them; and
9.4.2 any Goods which become mixed inseparably with other items after their delivery.
9.5 If You wish to change Your mind regarding the Goods You have 14 days after the day You (or someone You nominate) receives the Goods to change Your mind, unless:
9.5.1 Your Goods are split into several deliveries over different days. In this case You have until 14 days after the day You (or someone You nominate) receive the last delivery to change Your mind about the Goods; or
9.5.2 Your Goods are for regular delivery over a set period. In this case You have until 14 days after the day You (or someone You nominate) receive the first delivery of the Goods.
9.6 Even if We are not at fault and You do not have a right to change Your mind (see clause 1), You can still end the Contract before it is completed, but You may have to pay Us compensation. A Contract for Goods is completed when the Goods are delivered and paid for. If You want to end a Contract before it is completed where We are not at fault and You have not changed Your mind, just contact Us to let Us know. The Contract will end immediately and We will refund any sums paid by You for Goods not provided but We may deduct from that refund (or, if You have not made an advance payment, charge You) reasonable compensation for the net costs We will incur as a result of Your ending the Contract.
10. How To End The Contract With Us (including If You Have Changed Your Mind)
10.1 To end the Contract with Us, please let Us know by doing one of the following:
10.1.1 Call Us on 01342 834 003 or email Us at firstname.lastname@example.org. Please provide Your name, home address, details of the Order and, where available, Your phone number and email address; or
10.1.2 Simply write to Us at OLIF Trading Ltd, Stratfords, Hobbs Industrial Estate, Newchapel, Lingfield, Surrey RH7 6HN, United Kingdom, including details of what You bought, when You ordered or received it and Your name and address.
10.2 If You end the Contract for any reason after Goods have been dispatched to You or You have received them, You must return them to Us. You must either return the Goods in person to where You bought them, post them back to Us at OLIF Trading Ltd, Stratfords, Hobbs Industrial Estate, Newchapel, Lingfield, Surrey RH7 6HN, United Kingdom or (if they are not suitable for posting) allow Us to collect them from You. Please call Us on 01342 834 003 or email Us at email@example.com for a return label or to arrange collection. If You are exercising Your right to change Your mind You must send off the Goods within 14 days of telling Us You wish to end the Contract.
10.3 Where You are returning the Goods to Us in accordance with clause 10.2 You must return the Goods in their original packaging (or a suitable alternative). Where it is not clear what packaging must be used please call Us on 01342 834 003 or email Us at firstname.lastname@example.org in order to obtain further information.
10.4 We will pay the costs of return:
10.4.1 if the Goods are faulty or misdescribed; or
10.4.2 if You are ending the Contract because We have told You of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to a Force Majeure Event or because You have a legal right to do so as a result of something We have done wrong.
In all other circumstances (including where You are exercising Your right to change Your mind) You must pay the costs of return.
10.5 If You are responsible for the costs of return and We are collecting the Goods from You, We will charge You the direct cost to Us of collection. The cost of returning the Goods will vary depending on the Goods purchased and You are required to contact Us in advance of returning the Goods order to confirm the required costs.
10.6 We will refund You the price You paid for the Goods including delivery costs, by the method You used for payment. However, We may make deductions from the price, as described below.
10.7 If You are exercising Your right to change Your mind:
10.7.1 We may reduce Your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by Your handling them incorrectly. If We refund You the price paid before We are able to inspect the Goods and later discover You have handled them in an unacceptable way, You must pay Us an appropriate amount.
10.7.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of Goods within 3-5 days at one cost but You choose to have the Goods delivered within 24 hours at a higher cost, then We will only refund what You would have paid for the cheaper delivery option.
10.8 We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then:
10.8.1 If We have not offered to collect the Goods, Your refund will be made within 14 days from the day on which We receive the Goods back from You or, if earlier, the day on which You provide Us with evidence that You have sent the Goods back to Us. For information about how to return Goods to Us, see clause 9.2; and
10.8.2 In all other cases, Your refund will be made within 14 days of You telling Us You have changed Your mind.
11. Our Rights To End The Contract
11.1 We may end the Contract for the Goods at any time by writing to You if:
11.1.1 You do not make any payment to Us when it is due and You still do not make payment within 2 Business Days of Us reminding You that payment is due;
11.1.2 You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Goods; or
11.1.3 You do not, within a reasonable time, allow Us to deliver the Goods to You or collect them from us.
11.2 If We end the Contract in the situations set out in clause 11.1 We will refund any money You have paid in advance for Goods We have not provided but We may deduct or charge You reasonable compensation for the net costs We will incur as a result of You breaking the Contract.
11.3 We may write to You to let You know that We are going to stop providing the Goods due to an event outside of Our control and We will refund any sums You have paid in advance for Goods which will not be provided.
12. If There Is A Problem With The Product
12.1 If You have any questions or complaints about the Goods, please contact Us. You can telephone Us on 01342 834 003 or write to Us at OLIF Trading Ltd, Stratfords, Hobbs Industrial Estate, Newchapel, Lingfield, Surrey RH7 6HN, United Kingdom or email Us at email@example.com.
12.2 We are under a legal duty to supply Goods that are in conformity with this Contract. See the box below for a summary of Your key legal rights in relation to the Goods. Nothing in these terms will affect Your legal rights.
Summary of Your key legal rights
12.3 If You wish to exercise Your legal rights to reject Goods You must contact Us in order to determine the appropriate method of return, which may be either to post them back to Us or (if they are not suitable for posting) allow Us to collect them from you. We will pay the costs of postage or collection. Please call Us on 01342 834 003 or email Us at firstname.lastname@example.org in order to arrange the return.
13 Price And Payment
13.1 The price of the Goods (which includes VAT) will be the price indicated on the Website when You placed Your Order. We take reasonable care to ensure that the price of the Goods advised to You on Our Website is correct. However please see clause 13.3 for what happens if We discover an error in the price of the Goods You order.
13.2 If the rate of VAT changes between Your order date and the date We supply the product, We will adjust the rate of VAT that You pay, unless You have already paid for the Goods in full before the change in the rate of VAT takes effect.
13.3 It is always possible that, despite our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the Good’s correct price at Your order date is less than our stated price on Our Website at Your order date, We will charge the lower amount. If the Good’s correct price at Your order date is higher than the price stated to You, We will contact You for Your instructions before We accept Your order. If We accept and process Your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may end the contract, refund You any sums You have paid and require the return of any Goods provided to You.
13.4 We accept payment with VISA, Amex, MasterCard and PayPal. You must pay for the Goods before We dispatch them. We will not charge Your credit or debit card until We dispatch the Goods to You. Your payment information is transferred to Our sales portal provider, which processes online payments on Our behalf. By making payment to Us, You agree that Your payment information can be sent to Our provider in order to process Your payment to Us.
13.5 If You do not make any payment to Us by the due date We may charge interest to You on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
13.6 If You think an invoice is wrong please contact Us promptly to let Us know and We will not charge You interest until We have resolved the issue.
14 Our Responsibility For Loss Or Damage Suffered By You
14.1 If We fail to comply with these Conditions, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this Contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
14.2 We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights in relation to the Goods as summarised at clause 12.2; and for defective Goods under the Consumer Protection Act 1987.
14.3 We only supply the Goods for domestic and private use. If You use the Goods for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How We May Use Your Personal Information
15.1 We will use the personal information You provide to Us:
15.1.1 to supply the Goods to You;
15.1.2 to process Your payment for the Goods (in accordance with clause 4); and
15.1.3 if You agreed to this during the Order process, to give You information about similar Goods that We provide, but You may stop receiving this at any time by contacting Us.
15.2 We will only give Your personal information to third parties where the law either requires or allows Us to do so, or where required for the purposes of clause 15.1.
16. Other Important Terms
16.1 We may transfer Our rights and obligations under these terms to another organisation. We will contact You to let You know if We plan to do this. If You are unhappy with the transfer You may contact Us to end the Contract within 14 days of Us telling You about it and We will refund You any payments You have made in advance for Goods not provided.
16.2 You may only transfer Your rights or Your obligations under these terms to another person if We agree to this in writing.
16.3 This Contract is between You and Us. A person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
16.4 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If We do not insist immediately that You do anything You are required to do under these Conditions, or if We delay in taking steps against You in respect of Your breaking this Contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but We continue to provide the Goods, We can still require You to make the payment at a later date.
16.6 This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.7 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
16.8 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not happy with how We have handled any complaint, You may want to contact the alternative dispute resolution provider We use. You can submit a complaint to The Retail Ombudsman via their website at www.theretailombudsman.org.uk. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via their website at http://ec.europa.eu/odr.