Terms & Conditions
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Terms & Conditions |
(updated 04 July 2018)
We recommend you print out a copy of these Terms & Conditions for future reference.
1. General
1.1 These Terms & Conditions apply to the entire contents of the website under the domain name www.othereden.co.uk ("Website") and to any correspondence by email and any contracts between us and you. Please read these Terms & Conditions carefully before using this website. By accessing, browsing, using or registering on our website, you are agreeing to all of the Terms & Conditions in their entirety. We reserve the right to change these Terms & Conditions at any time. Any such changes will take effect when posted on the website (see date at the top). The version of the Terms that will apply to your order will be those on the website at the time you place your order. You should check this page regularly to take notice of any changes we may have made to the Terms & Conditions.
1.2 This website is owned and operated by Kontri Limited a company registered in England and Wales (company registration number 08505698) whose registered office is at 49 Hevea Road Burton-on-Trent DE13 0SH. Our registered VAT number is 163766385. Unless we say otherwise, we use the terms "Kontri", "We" and "us" on this website to refer to Kontri Ltd. throughout the website Terms & Conditions, which include also the Privacy & Cookie Policy.
2. Privacy policy
We are responsible for all personal data that you provide us with. We therefore have a Privacy Policy outlining how your personal data will be processed and protected by Kontri Ltd. You will find our Privacy & Cookie Policy in full here. This policy covers all users who register to use the website. It is not necessary to purchase anything in order to gain access to the searching facilities of the site.
3. Intellectual property
3.1 You acknowledge and agree that all rights, including copyright, trademarks and other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
3.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You also acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to facilitate or assist any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
4. Ordering and Paying
4.1 Kontri Ltd has taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. The presentation of goods in the online shop does not represent a binding offer of Kontri Ltd, but a request to you to submit such a binding offer.
4.2 We accept payments via Paypal (under validity of the Paypal User Agreement available at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full) one of the world's largest internet payment companies. You may pay through your Paypal account or your credit/debit card right away, during placing of an order or later on after logging in to your account. All card payments are subject to authorisation by your card issuer. For any questions, or to find out more about PayPal, go to http://www.paypal.com
4.3 Total amount to pay for your order will be the item price plus any delivery charges (if any), but will not include import duties and other import charges (please see section Customs & Duties of these Terms & Conditions for more details). The delivery charges will depend on the delivery option that you choose and will be shown during the checkout process.
4.4 If we do not receive payment within 14 days from the date you placed your order, that order will be cancelled.
4.5 To place an order, you can open an account with us which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order without registration (this will also require you to provide some compulsory personal information needed to process your order).
4.6 By placing an order for products through othereden.co.uk you are confirming that you intend to enter into a contract with us for the purchase of those products. You place the order for your products on the website by pressing “ORDER & PAY” button at the end of the checkout process. During the checkout process, you will be asked to complete your personal as well as payment details. All fields indicated as compulsory must be completed (which includes providing us with a valid email address). Your order constitutes a binding offer to conclude a purchase contract with regard to the goods ordered. We will send you an order confirmation by email containing all the details of your order. This is confirmation of our acceptance of your order and results in a binding contract between us and you. The duration of our contract with you will start from when you order and we take payment and dispatch the products, until the last day of your right to cancel.
4.7 If you made an error in your order, please contact our Customer Support as soon as possible. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
4.8 If for any reason we are unable to fulfill your order (for example the product ordered is not available) we may cancel the contract. If this is the case, we will notify you and return any payment that you have made. We will usually refund any money received from you, using the same method originally used by you to pay for the product. We may also offer you a replacement product.
4.9 All products that you order through our website will remain the property of Kontri Ltd. until we have delivered the products to the address specified by you.
4.10 If your order hasn’t arrived yet, please contact within 14 days of the expected delivery date. If there’s one or more item(s) missing from your order, please contact us as soon as possible yet within 14 days of receiving your order.
4.11 If only part of your order is available, we will contact you immediately and you will be able to make a decision if we should dispatch the items that are in stock and cancel the out-of-stock items or wait for the missing items and send the complete order.
4.12 Only persons over eighteen years of age can place an order.
5. Delivery
5.1 Delivery will be to the UK or international address as specified in your order (subject to the provision of paragraph 5.3).
5.2 We aim to dispatch orders as soon as possible after we receive your cleared payment. In case of bank holidays, over the Christmas time or other high volume periods (for example Valentine's Day), please allow a few extra working days for dispatch and delivery. Delivery times shown on the website are an estimate only. The cost of delivery will be displayed at the checkout prior to submitting your order.
5.3 Delivery, both domestic and international, may be subject to restrictions. For current information on delivery restrictions please visit the Delivery section of the Help pages to this Website.
5.4. All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
5.5 Damaged or incorrectly supplied products - You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or e-mail) within a reasonable period of time. For damaged and incorrectly supplied items we may offer you a replacement product.
5.6 In the case of damaged or incorrectly supplied goods, we may offer you a substitute or replacement product. If you've asked for replacement product you won't be charged again for delivery. Unless otherwise requested, replacement products will always be sent via the cheapest delivery method offered, whichever delivery method was on your original order. Replacements can be sent via expedited delivery (if the address is not excluded from this type of delivery) and the difference in cost between the two services will be charged to your payment method.
5.7 Faulty goods - If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund. The cost of returning the faulty goods to us will be returned to you once we receive the product.
6. Your Right to Cancel
6.1 Under the Consumer Rights Directive customers from EU have the right to cancel their contract with us for any reason, at any time up to 14 calendar days after the day on which the goods ordered were delivered (if products are delivered separately - the 14 day period starts on the day you receive or the third party indicated by you receives the last item).
6.2 You’ll need to tell us clearly that you wish to cancel your order – you can use our cancellation form that is available here (but it is not obligatory).
You may also format your declaration of order cancellation in the following way:
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods:
……………………………………………………………………………………………………………………………………………………
Order number …………………………………………………………………………
Product name (Colour/Size) …………………………………………………………………………
Quantity …………………………………………………………………………
Description …………………………………………………………………………
Ordered on/Received on * …………………………………………………………………………
Name of Customer(s) …………………………………………………………………………
Address of Customer(s) …………………………………………………………………………
Date …………………………………………………………………………
Signature of Consumer(s) (only of this form is notified on paper) ………………………………………………………………………
* Delete where appropriate
If you choose to use the form, you can scan a signed copy and email it to contact@othereden.co.uk. Alternatively you can just email us with your cancellation request. You can also notify us via post by sending your request to - Kontri Ltd. 49 Hevea Road Burton-on-Trent DE13 0SH UK.
6.3 If you have contacted us to cancel before your products arrived, though your order will have been cancelled, delivery cannot be interrupted. Please refuse any delivery of cancelled products or return them to us.
6.4 Please send back the items no later than 14 days after telling us your wish to cancel (the deadline is met if you dispatch the goods before the period of 14 days has expired). Specified Returns Address: Kontri Ltd. 49 Hevea Road Burton-on-Trent DE13 0SH UK
6.5 You will have to bear the direct cost of returning your cancelled order to us unless the products were delivered to you in error or if they arrived defective or damaged.
6.6 Any delivery cost charged to your order will be included in your refund once we have received all (not part) of your order. Please note the we have the right to limit delivery charge refund to the value of standard delivery. Your refund will be issued within 14 days of receipt of the products using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you provide us with evidence that you have returned the goods (proof of dispatch) we will proceed with the refund without waiting for your return to reach us. If you cancelled your order and there were no goods supplied, your refund will be issued within 14 days after the day on which we are informed about your decision to cancel.
6.7 You must take reasonable care of the products that you wish to cancel. When trying on items please avoid make up or lotions coming into contact with them. Please also make sure that bottoms are tried on over your own underwear.
6.8 We will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
6.9 Your statutory rights are unaffected.
7. Returns
7.1 Our goodwill return policy (where we have no legal right to accept your return under the CRD or otherwise) is offered both to EU customers and non-EU customers on items that they wish to return within 30 days of receipt (you need to inform us about your return request within those 30 days). You will have to bear the direct cost of returning your items to us unless the products were delivered to you in error or if they arrived defective or damaged.
7.2 Returned goods must in the same condition you received them (with tags). Remember to take extra care when trying on clothing, ensure you are not wearing any make up, fragrance or deodorant that may leave a scent or mark. Please also make sure that bottoms are tried on over your own underwear, as we may refuse returns where it's obvious this hasn't been done.
7.3 For further details about how return your item/s to us please see the Returns section of the Help pages to this Website.
7.4 We will issue your refund to you original means of payment, after we have received your return. Please note this usually takes around 1 business day but may take up to 14 days. EU customers, will be entitled to a full refund, provided they meet the terms of our Goodwill Refunds policy, including standard delivery charges for orders returned in full (not in part). Non-EU customers will be entitled to a refund amounting to the value of returned product (as charged to them when placing the order), provided you they meet terms of our Goodwill Refunds policy.
7.5 If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
7.6 Non-EU customers - remember to include a proper customs declaration on the parcel. Please clearly mark your return parcel as 'Returned Goods'. If this isn't done and we incur any incoming customs charges as a result, then we reserve the right to pass these charges on to you.
7.7 Your statutory rights are unaffected.
8. You Account
8.1 If you register as a customer on our website, you are responsible for maintaining the confidentiality of your personal account information and password. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. It is important that you keep your personal details and password confidential and secure.
8.2. By registering you are warranting that:
the personal information that you are required to provide is true, accurate, current and complete in all respects; you accept responsibility for all activities that occur under your account or password. If you have any reason to suspect that your password has become known by someone else, or has been or is likely to be used without your authorisation, you should contact us immediately by e-mail to contact@othereden.co.uk , or calling us telephone on : 08000705225 (freephone from UK) or 020 3129 1615 (standard rates apply) or from overseas on +44 20 3129 1615 (international rates apply).
9. Indemnity
We do not accept, and hereby exclude to the fullest extent permissible under law, any liability for any loss of data, profit, revenue or business or for any indirect or consequential loss or damage however caused. Nothing in these Terms & Conditions shall be construed as excluding or limiting liability for death or personal injury caused by negligence or for fraud.
10. Accuracy of content
Kontri Ltd attempts to be as accurate as possible. We make every effort to ensure that the product colour is as accurate as possible, but the colours shown may vary depending upon the setting of your computer monitor. Please note that the dispatch and delivery times are only estimates, and cannot be guaranteed. We reserve the right to correct any errors inaccuracies or omissions and to change or update information at any time without prior notice.
11. Prices and availability
11.1 Prices and availability of items are subject to change without notice. All prices are displayed in pounds sterling inclusive of any VAT (where applicable) at the current rate for which we are responsible as a seller (VAT charged will be either VAT of the country of delivery or country of dispatch). VAT isn’t charged for goods delivered outside the EU, but we maintain one price for each item on our website. Purchases will also be made in pounds sterling.
11.2 Total amount to pay for your order will be the item price plus any delivery charges (if any, specified separately), but will not include import duties and other import charges (please see section Customs & Duties of these Terms & Conditions for more details).
11.3 International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
12.1 Items available on othereden.co.uk are sold on a delivery duty unpaid basis, which means that the recipient is responsible for paying import duty or any import charges prior to or on delivery (if such charges are applied). You are responsible for checking with local authorities the relevant threshold and duties for your international delivery address before placing an order. If the international delivery is outside the EU, it is advisable to keep your total order value below the customs duty threshold of the destination country. The amount of duty (if any) depends on the type of goods you buy and their value; some items can be imported without paying any duty at all.
12.2 Please ensure that you enter the correct international delivery address and postcode. If the address is entered incorrectly or if customs duties or formal customs entry are required, your delivery may be delayed. Such issues would need to be resolved by the buyer. Please also note, that we're legally obliged to declare the full value of the goods on all packages shipping outside the EU.
12.3 If you've paid import duty for items bought from us which you then returned to our UK address, it should be possible for you to claim a refund of these duties from your local customs authority. You'll need to show them proof of duty paid and proof of re-export (e.g. your certificate of return posting) when claiming your refund. For questions about duty (payable or refundable), please contact directly with your local customs authority.
13. Law and Jurisdiction
Any matter that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
14. Online disputes
The European Commission provides Online Dispute Resolution Platform which will allow consumers to submit a complaint about a product or service to a trader via an online form and settle it out-of-court. The ODR platform is available here http://ec.europa.eu/consumers/odr/
15. Severability
If any of these Terms & Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms & Conditions shall remain in full force and effect.
16. Miscellaneous Provisions
16.1 Only you and we shall be entitled to enforce these Terms & Conditions. No third party shall be entitled to enforce any of these Terms & Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause beyond our reasonable control.
16.3 If you breach these Terms & Conditions and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach.
16.4 We use reasonable efforts to ensure that our website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including anti-virus software) to use this website safely. Except where required by applicable law, Kontri shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via our website.
16.5 We will use all reasonable endeavours to ensure that the Website remains available at all times. However, We cannot guarantee that the Site will operate continuously. We therefore cannot accept any liability for any failure or non-availability of the Site.
Please review our other policies posted on this site. These policies also govern your visit to othereden.co.uk.
If you have any questions relating to these Terms & Conditions, please contact our Customer Support before you place an order via e-mail to contact@othereden.co.uk or telephone on : 08000705225 (freephone from UK) or 020 3129 1615 (standard rates apply) or from overseas on +44 20 3129 1615 (international rates apply).