It is important that you read each and every product description online carefully.
Every single sale is subject to the following terms and conditions; however, these terms do not affect any of your statutory rights as outlined in the Consumer Rights Act- 1st October 2015.
This agreement applies as between you, the user of this website and Oliver Twist Designs, the owner(s) of this website. Your agreement to comply with and be bound by clauses 1, 2, 5 – 12 and 16 – 26 of these terms & conditions is deemed to occur upon your first use of the website. Clauses 3, 4, and 13 – 15 apply only to the sale of goods. If you do not agree to be bound by these terms & conditions, you should stop using the website immediately.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.
- Definitions & Interpretation
In this agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;|
|“Carrier”||means any third party responsible for transporting purchased Goods from our Premises to customers;|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;|
|“Goods”||means any products that Oliver Twist Designs advertises and / or makes available for sale through this Website;|
|“Service”||means collectively any online facilities, tools, services or information that Oliver Twist Design makes available through the Website either now or in the future;|
|“Payment Information”||means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|“Premises”||Means Our place(s) of business located at Oliver Twist Designs, Oast House, Crouchs Farm, East Hoathly, Lewes, East Sussex, BN8 6QX ;|
|“System”||means any online communications infrastructure that Oliver Twist Designs makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Website and is not employed byOliver Twist Designs and acting in the course of their employment;|
|“Website”||means the website that you are currently using (www.olivertwistdesigns.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions;|
|“We/Us/Our/Oliver Twist Designs”||means Oliver Twist Designs, Soul trader Jodie Oliver|
2. Age Restrictions
2.1 Persons under the age of 18 should use this website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
3. Business Customers
3.1 These terms & conditions also apply to customers buying goods in the course of business.
4. International Customers
4.1 If goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your goods reach their destination. We are not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported. Please be aware that goods may be inspected on arrival at port for customs purposes and that we cannot guarantee that the packaging of your goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
5. Intellectual Property
5.1 Subject to the exceptions in clause 6 of these terms & conditions, all content included on the website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Oliver Twist Designs, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
5.2 Subject to clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given our express written permission to do so.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual property rights including, but not limited to, copyright & trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
7.1 Material from the website may be re-used without written permission where any of the exceptions detailed in chapter III of the Copyright Designs & Patents Act 1988 apply.
8. Links to Other Websites
8.1 This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Oliver Twist Designs or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
9.1 Those wishing to place a link to this website on other sites may do so, to any page of the site without our prior permission. Deep linking (i.e. links to specific pages within the site) is encouraged and prior permission is agreed. To find out more please contact Us by email at firstname.lastname@example.org
10. Use of Communications Facilities
10.1 When using systems on the website you should do so in accordance with the following rules. Failure to comply with these rules may result in your account being suspended or closed:
10.1.1 You must not use obscene or vulgar language.
10.1.2 You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
10.1.3 You must not submit content that is intended to promote or incite violence.
10.1.4 It is advised that submissions are made using the English language(s) as ee may be unable to respond to enquiries submitted in any other languages.
10.1.5 The means by which you identify yourself must not violate these terms & conditions or any applicable laws.
10.1.6 You must not impersonate other people, particularly employees and representatives ofOliver Twist Designs or our affiliates; and
10.1.7 You must not use our system for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Oliver Twist Designs reserves the right to monitor any and all communications made to us or using our system.
10.3 You acknowledge that Oliver Twist Designs may retain copies of any and all communications made to us or using our system.
10.4 You acknowledge that any information you send to us through our system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and We reserve the right to reject such terms and associated information.
11.1 In order to purchase goods on this website and to use certain other parts of the system, you are required to create an account which will contain certain personal details and payment Information which may vary based upon your use of the website, as we may not require payment Information until you wish to make a purchase. By continuing to use this website you represent and warrant that:
11.1.1 All information you submit is accurate and truthful;
11.1.2 You have permission to submit payment information where permission may be required; and
11.1.3 You will keep this information accurate and up-to-date.
Your creation of an account is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.
11.3 If you have reason to believe that your account details have been obtained by another person without consent, you should contact us immediately to suspend your account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are being made to your custom requirements.
11.4 When choosing your username you are required to adhere to the terms set out above in clause 10. Any failure to do so could result in the suspension and/or deletion of your account.
12. Termination & Cancellation of Orders
12.1 EitherOliver Twist Designs or you may terminate your account/order. If we terminate your account/order, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If we terminate your account/order, any current or pending purchases on your account will be cancelled and will not be dispatched.
12.3 We reserve the right to cancel purchases without stating reasons, for any reason prior to dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
12.5 If you terminate your account, any non-dispatched purchases which have not been yet made will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days
12.6 Customers have the right to cancel within the cooling off period of 14 days from the order being placed. This does not apply if we have already started making your custom order. If we have already posted or taken impressions then a charge will incur for the cost of the kit/s and delivery. If you have not yet used the printing kit, you can return this in full and the unused return envelope to the studio for a full refund.
12.6.1 Use of the Oliver Twist Designs email address email@example.com to address your cancellation within 14 days is required. Add phrase “Cancel” in email subject box to confirm your cancellation request.
12.7 We ask that you return your impressions within two weeks of placing your order so we can balance our workload and display accurate lead times. However, we realise that this isn’t always possible. Please return your impressions as soon as possible, so we can fulfill your order, manage stock and our workload. Failure to return prints within 12 weeks from ordering may result in your order being cancelled and without refund.
13 Goods, Pricing & Availability
13.1 Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of goods available from us correspond to the actual goods, we are not responsible for variations from such descriptions. The nature of handcrafted and engraved Jewellery means that each individual piece is unique and images shown on the website are examples only. This does not exclude our liability for mistakes due to negligence on our part and refers only to minor variations of the correct goods, not different goods altogether. Please refer to clause 15.1 for incorrect goods.
13.2 Where appropriate, you may be required to select the required size, model, colour, number and/or other features of the goods that you are purchasing.
13.3 We neither represent nor warrant that goods will be available. Stock indications are not provided on the website.
13.4 All pricing information on the website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every 24 hours.
13.5 In the event that prices are changed during the period between an order being placed for goods and Us processing that order and taking payment, the price when ordering applies.
14.1 All of our products are handcrafted and not machine made. The nature of handmade items means that no piece will be without any minor inperfections or faint scratches. No two pieces will ever be exactly the same. Products and product designs can be updated at any time, please read the product descriptions carefully.
15. Orders & Delivery
15.1 No part of this website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract betweenOliver Twist Designs and you.
15.2 Within 24 hours of your order being dispatched, you will receive a confirmation email. If you have not received your parcel within 7 working days from dispatch, please contact the studio and we will provide tracking information for the parcel. If your parcel has not arrived within 14 days, please contact your local sorting office to check that it isn’t awaiting collection (even if a card has not been left) as we cannot be held responsible for delivery failure. If your parcel is returned to us as undelivered, a delivery charge of £6.95 will be charged to repost. Please note that in the unlikely event of a missing parcel, we cannot offer a re-make or refund until the parcel has been officially classed as missing by the carrier which is currently 30 days from posting.
15.3 All goods are considered delivered to the customer on receipt of a signature provided by the carrier.Oliver Twist Designs will not be responsible for any dispute over the signature provided by the carrier and the customer. All deliveries will require a signature upon delivery.
15.4 Order confirmations under sub-clause 14.1 shall contain the following information:
15.4.1 Confirmation of the goods ordered including full details of the main characteristics of those goods;
15.4.2 Fully itemised pricing for the goods ordered including, where appropriate, taxes, delivery and other additional charges;
15.4.3 Estimated dispatch time(s);
15.5 If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
15.6 The risk in the goods shall remain with us until they come into your physical possession.
16. Returns Policy
16.1 Oliver Twist Designs aims to always provide high quality goods. All of our items are hand crafted and returns are not accepted unless items are supplied incorrectly or faulty. Returns are governed by these terms & conditions.
16.1.1 If you receive goods which do not match those that you ordered, for example, the wrong product or name engraved, you should contact us within 14 calendar days to arrange return. We will assess the goods and alleged faults upon receipt and if we conclude (at our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), we will issue replacement goods at no additional cost to you.
16.1.2 If goods are agreed by us to be faulty, You will be given the option to have the goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the goods. Replacements will be issued upon our receipt of the returned goods. We are fully responsible for refunding shipment costs for returned faulty/incorrect items. Goods must be returned in their original condition with all packaging and documentation. The packaging does not need to be unopened. Refunds will be issued within 7 days and in any event no later than 30 calendar days after receipt of the returned goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
16.2 If goods are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the goods have been damaged. To return the damaged goods, please contact us within 14 calendar days. We are fully responsible for refunding shipment costs. You will be given the option to have the goods replaced or to be refunded through the payment method used by you when purchasing the goods. Replacements will be issued upon our receipt of the returned goods. Refunds will be issued no later than 30 calendar days after receipt of the returned goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
16.3 If any goods you have purchased have faults when they are delivered to you, you should contact us within 14 calendar days for return instructions. You will be given the option to have the goods replaced or to be refunded through the payment method used by you when purchasing the goods. We are fully responsible for paying shipment costs. Replacements will be issued upon our receipt of the returned goods. Refunds will be issued within 14 working days and in any event no later than 30 calendar days after receipt of the returned goods and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
16.4 If any goods you have purchased develop faults within 6 months of delivery, you may be entitled to a replacement but not a refund. In order to arrange for such a replacement you should contact us within the 14 calendar days period for details on how to return. We will assess the goods and alleged faults upon receipt and if we conclude (at our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), We will issue replacement goods at no additional cost to you.
16.5 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calendar days after the goods have been delivered to you and is not applicable to personalised goods. If the goods are delivered to you in instalments, the 14 calendar day period begins on the day that you receive the final instalment. If you change your mind about the goods within this period, please inform us within 14 calendar days of receipt. Goods must be returned to us within 14 calendar days of the day on which you inform us that you wish to return the goods. You are responsible for paying return shipment costs if goods are returned for this reason. Refunds will be issued within 14 working days and in any event no later than 14 calendar days after you inform us that you wish to cancel under this provision and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
16.6 Oliver Twist Designs may not be able to accept returns under the cooling off period of the following types of goods and/or taking into account the following circumstances:
16.6.1 Goods made to your specifications or that have been personalised;
16.6.2 Goods which are liable to deteriorate or expire rapidly;
16.6.3 Goods which are, after delivery, according to their nature, inseparably mixed with other items;
16.7 Oliver Twist Designs comply with a 6 month warranty period, unless proof of no fault at receipt of delivery.
16.7.1 Cost and arrangement of faulty goods -Oliver Twist Designs will arrange for return of confirmed faulty goods. This can be charged to user is proved not faulty on point of return.
16.7.2 After 6 months – user must prove fault and Oliver Twist Designs must agree to repair/replace at our discretion.Oliver Twist Designs is responsible for return of faulty goods.
16.8 Returns policy tier:
– 30 days: Customer has a right to reject and receive a full refund for faulty goods.Oliver Twist Designs with hold the right to reject a refund if no fault is found.
– 30 days – 6 months: Assuming the product is delivered with a fault, unlessOliver Twist Designs can prove otherwise. If agreed,Oliver Twist Designs will be allowed 1 change to repair/replace product at users choice. After 1 attempt at repair, refund or part refund in exchange for goods is valid at request of customer.
– After 6 months: Customer needs to prove product faulty at time of delivery. If not agreement is made, customer may need to takeOliver Twist Designs to court and prove otherwise.
18 How We Use Your Personal Information (Data Protection)
18.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that act.
18.2 We may use your personal information to:
18.2.1 Provide our goods and services to you;
18.2.2 Process your payment for the goods; and
18.2.3 Inform you of new products and services available from us. You may request that we stop sending you this information at any time.
18.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.
18.4 We aim to keep a digital copy of all print impressions on file for 2 years, however this is at the companies discretion and not guaranteed. If you wish to keep the original prints, please do not send these to the Studio and instead provide us with a scanned copy via email. It may be possible for us to return your original prints if requested, however this is not guaranteed. Please note that a charge will occur for posting the prints to you. Please contact us by emailing firstname.lastname@example.org to request any prints.
19.1 We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our services.
19.2 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
19.3 No part of this website is intended to constitute a contractual offer capable of acceptance.
19.4 Whilst we use all reasonable endeavours to ensure that the website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
20. Changes to the Service & these Terms & Conditions
20.1 We reserve the right to change the website, its content or these terms & conditions at any time. You will be bound by any changes to the terms & conditions from the first time you use the website following the changes. If we are required to make any changes to these terms & conditions pertaining to the sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
21. Availability of the Website
21.1 The website and any service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the website or any service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
21.2 We accept no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
22. Limitation of Liability
22.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. You should be aware that you use the website and its content at your own risk.
22.2 Nothing in these terms & conditions excludes or restrictsOliver Twist Designs’s liability for death or personal injury resulting from any negligence or fraud on the part ofOliver Twist Designs.
22.3 Nothing in these terms & conditions excludes or restrictsOliver Twist Designs’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of goods or out of reliance on incorrect information included on the website.
22.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms & conditions and shall not affect the validity and enforceability of the remaining terms & conditions. This term shall apply only within jurisdictions where a particular term is illegal.
23. No Waiver
23.1 In the event that any party to these terms & conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
24. Previous Terms & Conditions
24.1 In the event of any conflict between these terms & conditions and any prior versions thereof, the provisions of these terms & conditions shall prevail unless it is expressly stated otherwise.
25. Third Party Rights
25.1 Nothing in these terms & conditions shall confer any rights upon any third party. The agreement created by these terms & conditions is between you and Oliver Twist Designs only.
26.1 All notices/communications shall be given to us either by post to our premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
26.2 We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘unsubscribe’ button within the email or update your preferences in your account.
27. Law and Jurisdiction
27.1 These terms & conditions and the relationship between you and Oliver Twist Designs shall be governed by and construed in accordance with the Law of England and Wales and Oliver Twist Designs and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
PAYMENTS AND TRANSACTION SECURITY:
Stripe is our chosen payment gateway. All payment information passed between our site and Stripe’s systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to Stripe are signed using MD5 hashing to prevent tampering. You can be completely assured that none of your data passed to Stripe’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.