Terms & Conditions

Terms and Conditions

In order to protect your interests you should read these Conditions carefully before placing an order with us. If you require any changes to these Conditions you should ask us to put these in writing

Definitions
1. In these Conditions the following expressions have the following meanings unless inconsistent with the context:

  • “Conditions” – these terms and conditions;
  • “Contract” – any agreement for the sale and purchase of Products from us to you 
  • “Delivery Address” – the address for delivery of the Products within the United Kingdom as set out in the Order Acknowledgment or as may have been agreed between you and us in writing from time to time;
  • “Mainland Great Britain” – England, Scotland and Wales;
  • “Notice of Cancellation” – any notice of your intention to cancel the Contract provided by you to us
  • “Price” – the price payable by you for the Products;
  • “Products” – all goods supplied by us to you under the Contract;
  • “Site” – www.my-olo.co.uk
  • “Working Day” any day from Monday to Friday other than a statutory holiday or public holiday in England;
  • “we”, “us” or “our” – Olotila Ltd., a company registered in England and Wales with company number 8869546 whose registered office is at Redcotts House, 1 Redcotts Lane, Wimborne, Dorset, BH21 1JX and whose VAT registration number is 182 3092 17: and
  • “you” or “your” – the person who has accepted these Conditions.

2. References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.
3. References to persons include natural persons, firms, partnerships, companies, corporations, associations and organisations (in each case whether or not having separate legal personality).
4. Words in the singular include the plural and words in the plural include the singular.
5. Any reference to “writing” includes communications by post and e-mail but excludes text messages.

Basis of Contract
1. These Conditions shall apply to the sale by us of all Products purchased by you.
2. Each Contract shall be made when we issue an Order Acknowledgement to you by e-mail and not before.
3. We shall not be responsible for any promises or claims concerning the Products which are not made by us or our employees.

Price
1. The Price to be paid by you is that displayed on the Site as at the time when your order is received by us.
2. All Prices include VAT unless otherwise stated.

3. In the event that we discover a genuine error in the Price for the Products ordered by you as displayed on the Site, we shall notify you as soon as possible providing you the option of either reconfirming the order at the correct Price or cancelling the order. If we are unable to contact you within 15 Working Days or if you fail to either reconfirm or cancel the order within this period, your order shall be deemed cancelled and where you have already made payment for the Products this shall be refunded to you in full.

Payment
1. Payment for the product shall be due at the time of order placement, payment is to be made on the Site by one of the following credit or debit cards: MasterCard, Visa, Maestro, or Solo.
2. Payments for products shall only be accepted in sterling. Unless otherwise agreed in writing any payment received from you in any other currency will not be deemed to be payment for the products in question.

Delivery
1. The Products shall be delivered when they are delivered to the Delivery Address.
2. We shall reasonably endeavour to deliver the Products on the date stated  in the Order Acknowledgement or as otherwise agreed between you and us in writing or on the phone, but we shall not be held responsible for any delays in delivery caused by circumstances beyond our reasonable control. If delivery is delayed for more than 30 Working Days you shall be entitled to cancel the Contract and recover your reasonable losses from us.

3. Unless we agree to a longer time period in writing you must advise us of any damage to the Products which is apparent on delivery or any shortage of the Products in writing within five (5) Working Days following delivery.
4
. On delivery it is your responsibility to ensure that the total number of packages signed for is the same as the number of packages delivered.

Your Consumer Right of Return and Refund
This only applies if you are a consumer.

Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online or by phone:

  1. 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.
  2. Your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
  3. If you wish to exercise your right of cancellation, you are obliged to retain possession of the products and take reasonable care of them.
  4. 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, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
  5. You can cancel by email: info@my-olo.co.uk
  6.  If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you  the amount in relation to goods to which cancellation rights apply.
  7. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied. 
  8. However, this cancellation right does not apply if products are used or damaged (including packaging).
  9. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period. 
  10. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. 
  11. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for (not including the costs of returning the Products to us). We will process the refund due to you as soon as possible and, in any case, within 30 (thirty) calendar days of the day on which you gave us notice of cancellation. 
  12. If you have returned the Products to us because they are faulty, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
  13. We refund you on the credit card or debit card used by you to pay.
  14. If the Products were delivered to you:
    1. you must return the Products to us as soon as reasonably possible;
    2. unless the Products are faulty, you will be responsible for the cost of returning the Products to us;
    3. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
    4. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.

 Risk and Title of Goods
1. Risk of damage to or loss of the Products shall pass to you:

  • at the time of delivery to the Delivery Address; or
  • if you wrongfully fail to take delivery then risk shall pass to you at the time when we have tendered delivery of the Products, but you shall not be responsible for any damage to the Products caused by our negligence.

2. Ownership of the Products shall pass to you on delivery.

Cancellations
1. Unless the Productss have been personalised or otherwise made to your specification you may cancel the Contract at any time after you place your order to hirty (30) days from delivery of the Goods.
2. If you wish to cancel the Contract you must:

  • provide us with a Notice of Cancellation;
  • either arrange for pickup by us at a price to be quoted on request or return the Products at your own expense to us.
  • keep the Products in your possession and take reasonable care of them before you return them to us.

Complaints, Warranties and the Return of Goods

1. Any complaint should be sent to us to the addresses set out in the Order Acknowledgment.

2. We shall not be liable for any breach of warranty where:

  • you make further use of the Products after giving notice to us 
  • the defect arises because you have failed to follow the instruction manual as to the storage, installation, proper use and maintenance of the Products; and
  • you alter or repair the Products without our consent.

3. Where you have a valid claim in respect of the Products we shall be entitled to replace the Products found to be defective at our cost

Liability
1. Nothing in these Conditions excludes or limits our liability for negligence.
2. We shall not be liable for any losses under the Contract
which:

  • were not foreseeable to us at the time when the Contract was made;
  • relate to any business undertaken by you; and/or
  • were not caused by any breach of the Contract by us or our employees.

Force Majeure
1. We shall be not liable to you or deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of supplier or sub-contractors or inability to obtain materials required for performance of the Contract.

Prohibitions
1.You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Olo will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Third party rights
1. A person who is not a party to the Contract will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

Severance
1. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.

Waiver
1. If either you or us fail or delay or compromise in exercising a right or remedy under the Contract, the right or remedy is not to be treated as having been waived, restricted or varied and any agreement by either you or us to refrain from exercising a right in one particular instance will not prevent you or us from exercising it in full in the future.

Cumulative remedies
1. All rights and remedies available to either you or us under the terms of the Contract or under the general law are to be cumulative, and no exercise by either you or us of any such right or remedy is to restrict or prejudice the exercise of any other right or remedy granted by the Contract or otherwise available to you or us.

Governing law and jurisdiction
1. The Contract shall be governed by the laws of England and Wales and any court proceedings in relation to the Contract are to be brought in the English Courts.