Terms and Conditions
Welcome to the Oliver Sweeney website Terms and Conditions for use.
This page provides information about who we are and the legal Terms and Conditions that may apply to your use of www.OliverSweeney.com and any product or service you order from us.
Please read these terms carefully before using the Website. We recommend that you print and retain a copy of these terms for your future reference. By accessing this Website in any way and/or by placing an Order you confirm that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions in their entirety, you may not use or access the Website or place an Order and you should stop using the website immediately.
Before you place an Order, if you have any questions relating to our Products, Services or these Terms and Conditions, please contact our customer service team by email at firstname.lastname@example.org, or call us on 0800 622 6030 9am to 5pm Monday to Friday. Please note that all calls to Customer Services, both inbound and outbound, may be recorded for quality monitoring and training purposes.
Cookies - Means small text files placed on your computer by our Website to store information about your shopping session and to identify your computer. They contain information about the use of your computer but don’t include “personally identifiable” personal information about you (e.g. they capture your computer IP address but do not store your name, contact details, email address etc.)
Order - Means your order for Products or Services from us as submitted on our Website or by phone call to our customer services team.
Product - Means a product displayed for sale on the Website, subject to availability.
Product Description - Means that part of the Website where certain information about and Terms and Conditions in respect of the individual Product is provided.
Services - means services displayed for sale on the Website, subject to availability.
Services Description - Means that part of the Website where certain information about and Terms and Conditions in respect of the individual Service is provided.
Special Conditions - Means the Terms and Conditions in the Product Description or Services Description Users – Means any third parties that accesses the website.
Personal Information - means the details provided by you.
We/Us/we/us - Means Oliver Sweeney Licensing Limited.
Website - means the Website located at www.OliverSweeney.com or any subsequent URL which may replace it.
You/you - means a user of this Website.
1. Information about Oliver Sweeney Licensing Limited
1.1 The Website is owned and managed by Oliver Sweeney Licensing Limited, a company registered in England and Wales with the company registration number 12554709 and having its registered address at Imperial Works, Perren St, London NW5 3ED. The registered VAT number is GB 351 9507 92.
1.2 Oliver Sweeney Licensing Limited provides you with the facility to view, browse and make purchases of Products and Services using the Website.
1.3 Oliver Sweeney Licensing Limited shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.4 Oliver Sweeney Licensing Limited reserves the right to make any changes to the Website including any functionalities and content therein, or to discontinue any aspect of any Product or Service or features of the Website, or to change any of the policies which apply to the Website, or to introduce any new policies, without notice.
1.5 Oliver Sweeney Licensing Limited may be contacted by email at email@example.com by phone 0800 622 6030or by mail at: Oliver Sweeney Licensing Limited, Imperial Works, Perren St, London, NW5 3ED.
2. PRELIMINARY INFORMATION
2.1 In order to use the Website, you represent and warrant that:
- you are legally capable of entering into any binding contracts;
- you are at least 18 years old and above;
- you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms and Conditions;
- You will only use this Website for lawful purposes and you will not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.
2.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
2.3 If you use this Website from locations outside of the UK or place orders for delivery to locations outside the UK you are solely responsible for ensuring compliance with local laws to the extent that local laws are applicable.
3. PERSONAL INFORMATION & PRIVACY
4. REGISTERING AS A USER
4.1 By completing the online registration form to open an account or by completing the forms required to place an Order you will become a ‘Registered User’. As a Registered User you consent to Oliver Sweeney Licensing Limited conducting verification and security procedures in respect of the information provided in such online registration form.
4.2 You hereby warrant that the information provided to Oliver Sweeney Licensing Limited is true, accurate and complete in all respects. You further warrant that you shall promptly notify Oliver Sweeney Licensing Limited in the event of any changes to such information by updating your details on your online account or by contacting customer services.
4.3 If you open an account with us, we may provide you with your Login Details. You shall keep the Login Details confidential and secure.
4.4 Without prejudice to the other rights and remedies of Oliver Sweeney Licensing Limited, Oliver Sweeney Licensing Limited reserves the right to promptly disable your Login Details and suspend your access to the Website or your ability to browse the Website and/or use any of the features and functionalities of the Website if Oliver Sweeney Licensing Limited has any reason to believe that you have breached any of the provisions set out herein.
5. TERM APPLICATION AND TERMINATION
5.1 These Terms shall apply upon your first use of the Website, and shall continue to apply until terminated by either party in accordance with clause 5 of these Terms.
5.2 Notwithstanding the foregoing, we reserve the right at any time and at our sole and absolute discretion and for whatever reason to:
- accept or reject your application to become a Registered User; and/or
- refuse you access to the Website (partly or wholly).
5.3 Oliver Sweeney Licensing Limited may suspend or terminate your registration, or your access to the features and functionalities of the Website, in the event that:
- third party services and network providers cease to make the third party service or network available to Oliver Sweeney Licensing Limited;
- We believe that you or someone using your Login Details has failed to comply with one or more of these Terms;
- We believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Website (in whole or in part);
- We believe that you have provided it with any false, inaccurate or misleading information; or
- We believe that you are in the business of re-selling, promoting the Products or Services or any aspect of the Website for resale or if you are otherwise engaged in all other similar activities.
- We believe you have breached any of the terms set out in Clause 6.
6. YOUR OBLIGATIONS
6.1 You agree that you are solely responsible and liable for all activities on the Website undertaken on your account if you are a Registered User or, undertaken by you when browsing the Website as a User.
6.2 If you are a Registered User, you shall promptly notify Oliver Sweeney Licensing Limited in the event you become aware of a breach of security on your account or any unauthorised use of your Login Details.
6.3 You agree that as a Registered User with access to make submissions on the Website, you shall not submit to appear on the Website, any review, comment, link or other material whatsoever ('User Submissions') that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Oliver Sweeney Licensing Limited; or
- infringe any rights of any third party.
6.4 User Submissions should be polite and in English. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
6.5 We in our sole discretion, reserve the right to not publish the User Submission or remove it, take any appropriate action if deemed necessary to remove reviews which do not comply with the rules above. If you see User Submissions that do not comply with our rules please let us know so that we can review.
6.6 You represent and warrant that you own or otherwise control all the rights to the User Submissions you post; that the content is accurate; that use of the content you supply doesn’t violate any provision of these Terms and Conditions and will not cause injury to any person and that you will indemnify us for all claims resulting from any breach of this warranty.
6.7 You hereby grant to Oliver Sweeney Licensing Limited a non-exclusive, perpetual, irrevocable worldwide licence to make your User Submissions available to other users of the Website and to edit your User Submissions in the event that Oliver Sweeney Licensing Limited deems it necessary or desirable to do so for any reason.
6.8 You further agree that at all times, you shall:
- not use your Login Details with the intent of impersonating another person;
- not allow any other person to use your Login Details;
- not use the information presented on the Website for any purposes other than those expressly set out in these Terms;
- not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
- not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
- not use any information obtained using the Website otherwise than in accordance with these Terms;
- comply with all instructions and policies from Oliver Sweeney Licensing Limited from time to time in respect of the Website;
- co-operate with any reasonable security or other checks or requests for information made by Oliver Sweeney Licensing Limited from time to time;
- use the information made available to you on the Website at your own risk; and
- comply with the policies in force from time to time as are published on the Website and as they are updated or introduced from time to time by Oliver Sweeney Licensing Limited. Use of the Website is subject to compliance with the policies as apply at the time of such use.
6.9 Without prejudice to any of our other rights and remedies, We reserve the right, in our sole and absolute discretion, to take any action that We deem necessary and appropriate in the event we consider that there is a breach or threatened breach of this clause 6.
7. ORDERING PRODUCTS
7.1 The description of Products and Services on the Website does not constitute a contractual offer to sell the Products or Services. Each Product is sold subject to its Product Description which sets out information about the Product and any Specific Conditions that may apply to that Product from time to time, including but not limited to Terms and Conditions concerning estimated delivery dates and times warranties, after sales service and guarantees.
7.2 We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
7.3 Whilst every effort has been made to portray items accurately, slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours depending on the calibration and settings of individual computer or display screens.
7.4 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
7.5 Completion of the online checkout process does not constitute an acceptance from us of your offer to purchase Products or Services from us. We will send you an order confirmation email detailing the products you have ordered confirming we have received and are processing your order.
7.6 You must pay by submitting your credit or debit card details with your order, or by using other such payment methods that we may make available from time to time. Your credit card will be charged when you play your order.
7.7 Our acceptance of your Order and formation of the contract between you and us will take place only when we take payment from you and despatch the Product(s) or on commencement of the Services that you ordered.
7.8 Delivery charges and timescales vary depending on the Product or Service ordered; the delivery service chosen and the delivery address. Please read the Product Description and our Delivery Policy for further details.
7.9 Prior to despatch of the Product(s) or commencement of Services we have the right to decline an Order for any reason, including legal and regulatory reasons. If we decline an Order we will notify you that we have not accepted your order.
7.10 Non-acceptance of an order may be a result of one of the following:
- the product you ordered being unavailable from stock
- our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- Your not meeting the eligibility to order criteria set out in these Terms and Conditions
7.11 If you are placing an order for an item that by law we are only permitted to sell to customers who are 18 years or older, then by clicking the order confirm button you are also confirming to us that you are 18 years or older. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age by reference to publicly available third party sources. We reserve the right not to supply an age-restricted product where we reasonably believe that you are below the relevant minimum age.
7.12 Delivery will be made as soon as possible after your Order has been accepted and in any event, unless We have otherwise notified You within 30 days of your Order. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
8. CANCELLING AND RETURNING PRODUCTS
8.1 Products are provided to you on approval and legal title to the goods will not pass to you until 14 days after delivery. Your statutory rights are not affected by this statement.
8.2 In the event an Oliver Sweeney product is sold at an incorrect price due to typographical error or systems error, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a payment to your credit card account in the amount of the incorrect price.
8.3 The Consumer Contracts Regulation 2013 offers you the following cancellation rights when you buy online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services. See our Refund and Cancellation policy for further details.
- Your right to return or cancel products does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned. This doesn’t affect your statutory rights if goods are faulty or not as described.
- If you wish to exercise your right of cancellation you are obliged to retain possession of the goods and take reasonable care of them.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available your phone number and email address.
- If you decide to cancel, you should return the goods to us, in a resaleable condition, within 14 days of such cancellation.
8.4 Our refund or exchange policy for sale items purchased in store or online will be made clear to you at the time of purchase. Further details can be found in our Refund and Cancellation Policy.
9 GIFT CARDS AND PROMOTIONAL OFFERS
9.1 Gift Cards and e-vouchers can be redeemed at our shops and online via our Website. When using online please enter the code printed on the front of the voucher in the promotional box at checkout. When using in store please present the voucher to the store staff.
9.2 Gift Cards may be used as part payment to purchase Products and Services of a higher price than the amount on the card. Any difference in the value of the Gift Card and the price of the product must be paid by you at the time of purchase.
9.3 Gift Cards cannot be exchanged for cash or to buy another gift card or e-card.
9.4 A maximum of one gift card or e-gift card can be redeemed in any one Order on our Website and a maximum of five gift cards or e-cards can be redeemed in one Order placed in store or via our customer service team.
9.5 If any item purchased with a gift card or e-card is subsequently exchanged for an item of a lower price or refunded, any money owing will be added to the remaining balance on the card.
9.6 If you do not spend the entire balance on the gift card/e-card the remaining balance will be updated after each transaction.
9.7 You will be notified of the period for which gift cards or e-cards are valid at the time of their purchase. For the avoidance of doubt no gift card or e-card shall be valid for a period which is greater than 24 months from the later of (a) the date of issue, (b) the date of the last transaction.
9.8 Any balance remaining will be cancelled upon expiry of the validity period.
9.9 We reserve the right to amend the Terms and Conditions of gift cards and e-cards at any time and to take appropriate action, including cancellation of your card, if in our sole discretion we deem such action necessary. This does not affect your statutory rights.
9.10 From time to time we may extend promotional offers to customers. These will be subject to their own Terms and Conditions which we reserve the right to change from time to time at our sole and absolute discretion. Terms of currently available offers can be found here Promotional Terms.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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.
10.2 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 products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
10.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.
10.4 Subject to clause 10.2, You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
10.5 This Website may contain links to other websites we think you may want to visit. Unless expressly stated, we do not vet these websites and they are not under our control or that of our affiliates. Except where required by applicable law, 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.
10.6 Whilst We use reasonable endeavours to ensure that this Website is secure and free from errors, viruses and other malicious or harmful content, we give no warranty or guaranty in that regard. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by law We shall not be liable to any person for loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the 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.
11.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
11.3 You are expressly prohibited from (and from assisting or facilitating third parties):
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of a Product or Service and submissions in the form of articles and write-ups made available on the Website; and
- removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Oliver Sweeney Licensing Limited and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Oliver Sweeney Licensing Limited or any trade or service marks owned by Oliver Sweeney Licensing Limited or that could be considered an infringement of any intellectual property rights owned by and/or licensed to Oliver Sweeney Licensing Limited.
12.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions where we reasonably believer your rights will not be affected. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no third party will have any right to enforce or rely on any provision of these Terms and Conditions.
12.2 If we fail at any time to insist upon strict performance of our obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
12.3 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.4 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
12.5 All notification and communication to us should be sent to the contact details set out in clause 1 of these Terms or made available to you on the Website.
12.6 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
12.8 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between us except as expressly set out in these Terms.
12.9 These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any mandatory legal protection accorded to you in accordance with the law of the place where you are habitually resident.
Any promotional codes given by Oliver Sweeney cannot be used in conjunction with any other offer, neither can these be used to purchase Sale goods or purchase our Gift Vouchers. They cannot be redeemed against repair services or the Tattoo service. Only one use of promotional code per customer. Promotional codes cannot be published or otherwise shared without permission from Oliver Sweeney.
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