Terms and Conditions

THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE  www.oliveandthefox.co.uk

BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

 

Our contact details are as follows:

Olive & the Fox, Unit 6 Squires Farm Industrial Estate, Framfield,TN22 5RB
Phone: 01892 614197
Email: info@oliveandthefox.co.uk
Web: www.oliveandthefox.co.uk

company registered in England & Wales no.9234168

1. Introduction

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. Ordering From Us

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.2 Our acceptance of an order takes place when we send the acknowledgement of order. We will send you a confirmation by email. We will process your payment immediately, unless we have notified you that we do not accept your order or you have cancelled your order. [see clause 5]

2.3 We may refuse to accept an order: (a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 We will send you an email when we despatch your order.

3. Pricing

3.1 All retail prices include VAT at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

If the goods are to be despatched overseas you will be responsible for the payment of local taxes and charges.

3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

4. Payment

4.1 Payment

We accept Credit Card, Debit Card payments via Sagepay. Cards we accept: MasterCard / Visa / Visa/Mastercard Debit

The goods will not be delivered until the customer's funds that have been paid to have cleared in full.

4.2 Credit Card Security

At this stage, you will be passed on to a Secure Order Processing page, your details will be encrypted by 128-bit industry-standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details.

5. Cancellation and Returns Policy

5.1 If you wish to cancel your order:
(a) you can notify us by email to info@oliveandthefox.co.uk before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
5.2 Goods you have ordered online from our stock range of lighting can be returned to us at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
5.3 Upon receipt of the goods we will give you a refund of the amount paid or an exchange credit as required, provided the goods are in fully resaleable condition. We will consider the overall condition of the product being returned when making a refund.
5.4 The rights to return the goods to us as referred to in clause 5.2 and 5.3 will not apply in the following circumstances: -
5.4.1 In the event that the product has been used.
5.4.2 If we find that the product has not been returned to us in fully resaleable condition, we reserve the right to refuse a refund on the item, or deduct up to 30% of the original selling price from the refund amount
5.4.3 Where the goods have been ordered as a special order product, or modified in any way at the customers request .
The provisions of this clause 5.4 do not affect your statutory rights.
5.5 Where goods have been damaged in transit you must record any damage to the package on the driver’s consignment sheet when the parcel is delivered. You must then notify us within 48 hours of receipt giving a clear description of the damage that has occurred to the goods to info@oliveandthefox.co.uk

6. Licence

6.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
6.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
6.3 Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.4 Any rights not expressly granted in these terms are reserved.

7. Service Access

7.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

8. Visitor Material and Conduct

8.1 Other than personally identifiable information, which is covered under the Privacy Policy ,any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

8.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.3 You may not misuse the Website (including, without limitation, by hacking).
8.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 8.2 or 8.3.

9. Links to and from other websites

9.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

9.2 You may not create any links to this Website.

9.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 9.2.

10. Registration

10.1 To register with www.oliveandthefox.co.uk you must be over eighteen years of age.

10.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

10.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

10.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

11. Disclaimer

11.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

11.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

12. Liability

12.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

12.2 Nothing in these terms and conditions shall exclude or limit our liability for
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud;
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.

12.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

12.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

12.5 Any installation of products supplied by Olive & the Fox, and carried out by installers whose details are provided by Olive & the Fox is covered by the contract between you and the installer. In the event of any queries or problems arising from work carried out by the installers, you should contact the installer concerned.

We cannot accept responsibility for any financial loss or expenditure resulting from charges made by your contractor in the event of delay in the delivery of the goods or any inability to be able to fit the product.

12.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Terms, the Company shall be entitled to replace or repair the Goods (or the part in question) free of charge or refund to the Customer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Customer.

13. Governing Law and Jurisdiction

13.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

13.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

14. Miscellaneous

14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

 

Privacy Policy

Security and Privacy

Your privacy is of the highest importance to us, and we promise never to release your personal details to any outside company for mailing or marketing purposes.

When you make a purchase from our website, we collect certain personal information from you (for example: your name, email address, payment address and details). All such information is held on secure servers. Olive & the Fox complies fully with all applicable Data Protection and consumer legislation, and will treat all your personal information as fully confidential.

In order to serve you most efficiently, reputable third-party banking and distribution institutions handle our credit card transactions and order fulfilment. They receive the information needed to verify and authorise your payment card and to process your order. All such organisations are under strict obligation to keep your personal information private.

Security policy

We realise how important it is to securely store any information that you provide. Olive & the Fox maintains the highest levels of security. Our site uses high-level SSL encryption technology, the most advanced security software currently available for online transactions. You can therefore rest assured that we take the privacy and security of your payment and personal details very seriously.

You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www. in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. When you shop on this Website, we will ask you to input and we will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office.

We use your information only for the following purposes:

  • Processing your orders;
  • For statistical or survey purposes to improve this Website and its services to you;
  • To serve website content and advertisements to you;
  • To administer this website;
  • If you consent, to notify you of products or special offers that may be of interest to you

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.