Terms & Conditions

General Conditions

1. The owner of this web site (‘Site’) is Suzanne Cox trading as Orson and Olive whose address is Orson and Olive, 24 Mont Pelle, Tower Road, St Helier, Jersey, JE2 3LW, registration number 27523 (‘Orson and Olive’/‘we’ /‘us’/‘our’).

2. Your contract for purchases made through the Site is with Orson and Olive and these terms and conditions shall apply to sales of goods by us to you.

3. No contract for the sale of any product will subsist between you and Orson and Olive until Orson and Olive confirms that the product(s) have been dispatched to you by a confirmation email. This confirmation e-mail amounts to an acceptance by us of your offer to buy goods from us (whether or not you receive that e-mail).

4. You must have a unique email address to use our Site. You agree that e-mail can be used as a long-distance means of communication, and you agree all notices made via e-mail satisfy any legal requirements that such notices be made in writing.

5. This confirmatory e-mail will contain all relevant statutory information concerning your contract.

6. The confirmatory e-mail will also contain a link to these terms and conditions, which may be amended from time to time.

7. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.

8. It is your responsibility to ensure you are able to receive e-mails from Orson and Olive. We recommend you add our email address orsonandolive.co.uk to your ‘safe sender’ list, and check that your online security software does not block e-mails from us. In the unlikely event you do have any difficulty receiving email from us please advise your Internet Service Provider who should be able to assist you further.

9. By entering into this contract with us, you agree that we shall be entitled to process your data in accordance with the terms of the Data Protection (Jersey) Law 2005. All information provided by you will be treated securely and in accordance with the Data Protection (Jersey) Law 2005.

10. You undertake that all details you provide to us for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

11. If there are any changes to the delivery or contact details supplied by you it is your responsibility to inform Orson and Olive as soon as possible.

12. The products sold on the Site are not for re-sale or distribution. Customers shall be limited to a purchase of 5 items of any one product.

13. Customers are permitted to post reviews on products provided that you acknowledge that any review, feedback or rating which you leave may be published and agree that it may be displayed for as long as we consider appropriate.

14. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights.

15. You grant Orson and Olive a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. We reserve the right to publish, edit or remove any reviews without notifying you.

16. All purchases are non-transferable.

 

Use of this Website

17. This Site is provided by Orson and Olive without any warranties or guarantees. You must bear the risks associated with the use of the internet.

18. In particular, we disclaim all liabilities in connection with the following:

      • incompatibility of the Site with any of your equipment, software or telecommunications links.
      • technical problems including errors or interruptions of the Site.
      • unsuitability, unreliability of the Site.
      • inadequacy of the Site to meet your requirements.

19. To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for business loss (including loss of profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure, loss of privacy or loss of data) or any other indirect loss, consequential loss, loss of income or profit, loss of damage to property whatsoever that arise out of or are related to the Site.

20. Nothing in this section applies to Orson and Olive’s liability in respect of products sold through the Site and in any event shall not exclude Orson and Olive’s liability for personal injury or death caused by its negligence.

 

Right to Cancel – Unwanted Items

21. This section does not apply to goods ordered by businesses which are exempt from the Distance Selling Regulations.

22. You may cancel the contract at any time but no later than 7 working days after the day you received the product by:

  • sending the notice of cancellation by email ensuring that you quote your name, address and order reference number;
      • or where you have already received the goods, you are to follow our returns authorisation procedure – by contacting Orson and Olive by email. We will provide you with a returns authorisation number along with details on how and where to send your item. Wrap the item securely and include the original invoice along with your returns authorisation number. You must ensure that the goods are packaged adequately to protect against damage. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.

23. Items that are excluded from the right to cancel include goods made to your specification or otherwise personalised.

24. We will refund your credit card/ debit card/ Paypal account for the cost of the goods, including sales taxes and any outgoing delivery charges (however the cost of giftwrapping will not be refunded) once we have received and processed the returned item, as soon as possible and in any event within 30 days of notice of cancellation. You will be liable for any charges incurred in returning the goods to Orson and Olive or if you fail to return goods you will be liable for any charges incurred in relation to attempts to collect the goods.

25. This cancellation policy does not affect your legal rights – for example, if goods are faulty.

 

Description

26. This section applies only to the extent permitted by law. Any description given or applied to goods advertised on the Site is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, you hereby affirm that you do not in any way rely on any description when entering into the contract.

27. Images of products on this Site are for illustrative purposes only. Your goods may vary slightly from the image shown on the Site and will not include any of the pictured accessories, unless stated in the specification of the goods.

28. We have made every effort to display as accurately as possible the colours of our products that appear on this Site. However, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual goods.

29. Orson and Olive does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

30. Orson and Olive will do its best to correct errors and omissions as quickly as practicable after being notified of them.

 

Damaged, Defective, Incorrectly Sent Items

31. In the unlikely event that you receive goods which were not the items which you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Orson and Olive shall make good any shortage or non-delivery, repair any damaged or defective goods, or replace these where repair is not possible. Where goods cannot be repaired and where a replacement is not available, we will refund to you the amount you paid for the goods in question. Please follow our returns authorisation procedure by notifying Orson and Olive of the problem in writing (i.e. by email or by letter) as soon as possible and in any event within 21 working days of delivery of the goods, alternatively (in the case of damaged or defective goods) and if later, within 14 days of discovery of damage or a defect where that damage or defect was not reasonably discoverable upon receipt of the goods. We will email you a returns authorisation number along with details on how and where to send your item. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

32. Test of returned items in cases of claimed damage or defect: We test every single return. If a returned item is found not to be faulty we will return the item to you and you will remain liable for the full cost of the product, import duties (where applicable), any sales taxes and will be liable for the any postage charges incurred by us. We will not make any refund for items found to be in good working order in these circumstances. We advise you to carefully check any product before returning it.

 

Liability

33. This section applies only to the extent permitted by law. For the avoidance of doubt, Orson and Olive do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Orson and Olive’s negligence or willful default, or that of Orson and Olives employees, agents or subcontractors or (b) fraudulent misrepresentation.

34. TO THE FULLEST EXTENT PERMITTED BY LAW, ORSON AND OLIVE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ORSON AND OLIVE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

35. Orson and Olive does not accept any liability for any or all loss or damage suffered by you in excess of the contract price.

36. Orson and Olive does not accept liability for any business loss (including loss of profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure) or any other indirect loss, consequential loss, loss of income or profit, loss of damage to property and/or loss from claims of third parties for any products or services purchased from Orson and Olive.

 

Pricing (including Sales Tax/ Customs Importation Duty)

37. You will be required to pay for the goods in full at the time of ordering.

38. Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.

39. While we try to ensure that all details (including prices) displayed on this Site are correct and up to date, we cannot be held responsible for their accuracy. You must ensure that, prior to placing an order, you have checked all relevant details about the products you have selected as their relevant details may have changed since you last visited this online store.

40. Every effort is made to ensure that prices shown on the Site are accurate at the time you place your order. If an error is found, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or canceling your order.

41. The prices on the Site are what you will be charged at checkout (with additional duties applied at checkout where applicable. See, however, liability for import duties and taxes below where applicable).

42. For countries (currently only the UK) where we are required to or able to prepay the sales tax/ importation customs duties on your behalf we will do so. Orson and Olive is a member of the UK Import VAT Accounting Scheme.

43. Orson and Olive has not reached the turnover threshold which required it to add Good Services Tax (GST) to its prices for local sales in Jersey. Therefore GST is not charged or paid by us on orders that are delivered to Jersey addresses.

44. If your delivery address is outside of Jersey/ UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Orson and Olive advises each customer to contact their local customs office for further information. Orson and Olive will not be held accountable for any delivery delays due to custom clearances.

45. Further information on duties and delivery costs may be found on our delivery information page.

46. Packaging and postage costs are not included in the individual item price of any of our goods advertised on our website and will be added to the order value at checkout.

47. All prices are all in British Pound Sterling (£) and all orders will be transacted in this currency. If you are ordering from abroad, the total value of your order including the post and packing will be applied to your Paypal/ debit card/ credit card in British Pounds (£). The amount will automatically be debited from your account/ card in your own currency at an exchange rate selected by Paypal or your debit/ credit card company provider on the day of the transaction. Please be aware that your card company may levy other charges for this service.

48. Goods advertised on the site are subject to price change without notice. Generally prices are reviewed each calendar year.

 

Processing of Orders

49. Paypal debits your account/ credit/ debit cards on the day of ordering.

50. If there is a problem with an order such as incorrect delivery area, or an unclear address, we regret that we may not be able to dispatch the order, but will communicate with you by e-mail to explain the problem and resolve it in the shortest possible time.

51. We reserve the right to cancel an order for any reason.

52. Every purchase you make shall be deemed as being performed in Jersey. Jersey law shall govern every aspect of contractual agreement concerning purchases made from the Site.

 

Delivery

53. Orson and Olive aims to arrange shipment of all ‘in stock’ items as soon as possible and we estimate delivery of your items within 7 days of receiving your order for addresses in UK, 5 days in Jersey and 7 days for all other Channel Islands addresses. We estimate delivery to European destinations within 14 days. Your order may be delayed if the item is not in stock (or a special custom order) or we are experiencing a high volume of orders. We will advise you of delays due to our personal holiday commitments prior to orders being placed. Time of delivery shall not be of the essence of the contract.

54. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. It is your responsibility to provide the correct postal address for delivery and to ensure that someone is available to receive the goods ordered from us upon their arrival at that address. We will not accept responsibility for loss or damage if the delivery company leaves the goods unattended where nobody is available to accept delivery and, if you are not at home when we deliver the goods, we reserve the right to charge you an additional re-delivery charge.

55. When we confirm your order by email we will advise you of anticipated dispatch dates but please allow up to 30 days for delivery.

56. If your order is not available for delivery after 30 days you are entitled to cancel your order and receive a full refund of monies paid.

57. Please note that when shipping products oversees, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

58. We use a number of third party delivery agents to ensure your orders are delivered to you as quickly as possible. Any losses after the item has been dispatched from our website must be reported to us.

59. Orson and Olive will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery and in any event we shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, inclement weather, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

 

Complaints

60. If you wish to complain about our products or services, please Contact Us and we will listen to your comments sympathetically, and try to resolve the issue promptly. Your statutory rights are not affected.

 

Miscellaneous

61. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

62. No waiver by us of any breach of these terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

63. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

64. In these terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

65. Subject to the licence granted to you to use the Site, Orson and Olive reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Orson and Olive and its affiliates’ trade marks, trade and business names and service marks under this agreement will vest in Orson and Olive and its affiliates, as appropriate.

66. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Orson and Olive tracks the electronic ‘fingerprints’ of every order placed on Orson and Olive to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

67. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Orson and Olive tracks the electronic ‘fingerprints’ of every order placed on Orson and Olive to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

  • you fail to make any payment to us when due;
  • you breach the terms of this agreement (repeatedly or otherwise);
  • when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
  • we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

68. Orson and Olive may amend these terms from time to time, and place the new version on the Site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Orson and Olive’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these terms, then your only remedy is to cease using the Site.

69. These terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Orson and Olive and you relating to your purchase. Orson and Olive advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Orson and Olive. We will store a copy of the contract entered into by you with Orson and Olive. You are advised to read (and are responsible for reading) fully all information on this website. These terms and conditions may not be varied except by written agreement by us.

70. If any provision of these terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these terms and the remainder of the affected provision shall be unaffected.

71. These terms are subject to the laws and exclusive jurisdiction of the Island of Jersey, Channel Islands.

 

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