Terms & Conditions

Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us. We may revise these terms and conditions without notice by posting revised terms and conditions of sale on our website. The terms and conditions posted on the website or app at the time you place your order will govern that purchase.

In using this website, you are deemed to have agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company; Oh Polly USA Inc. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

SALES CONTRACT
Orders placed by you on the website ohpolly (the “Website”) for the products offered by us through the website are only an offer to conclude a sales contract. The sales contract is entered into upon the confirmation of the order by e-mail by us to you.

You are the individual or individuals placing the order (‘you’, ‘your’). You must be years or over to enter into a contract with us by placing an order with us, you confirm that you are years or over.

If you are not yet you agree that you have obtained the bill payer’s permission to enter in to a contract with us.

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

ORDER PLACEMENT
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each page of the order process.

After you have placed an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.

If we are unable to verify the delivery or payment information you have supplied we may restrict delivery to the address to which your credit or debit card is registered.

LIMITATION OF LIABILITY
As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions:

Provided that this shall be subject to an overall limit of the total amount paid to Oh Polly Ltd under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these terms and conditions.

The above limits on liability shall apply in respect of (any indemnities provided by either party under this Agreement, including without limitation to the indemnities under clauses Intellectual Property)

Each party’s liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:

loss of profits;

loss of business opportunity;

loss of goodwill;

loss of data;

loss of anticipated savings; or

any special, indirect or consequential loss or damage whatsoever.

The parties agree that the limitations on liability within these terms and conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.

Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for:

fraud or fraudulent misrepresentation; or

any breach of any obligations implied by section of the Sale of Goods Act or section of the Supply of Goods and Services Act or Consumer Rights Act or

any other liability to the extent the same cannot be excluded or limited by law.

We do not compensate you for all losses caused by us or our products.

We are not responsible for losses you suffer which are not caused by us breaching this contract or the applicable law. For example, where you have suffered any injury caused by your own negligence or lack of reasonable care in using a product and is not due to any defect in the product.

Where you have suffered losses caused by us breaching the contract, we are responsible for losses you suffer UNLESS the loss is:

Unexpected. It was not obvious that it would happen (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control.
Avoidable. Something you could have avoided by taking reasonable action. For example, any injury suffered which was caused by your own negligence, lack of care (that a reasonable person would have exercised in handling the same item), and/or which you could have reasonably avoided.
A business loss. Any use of a product for the purposes of your trade, business, craft or profession.

FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

strikes, lock-outs or other industrial action;

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

impossibility of the use of public or private telecommunications networks;

the acts, decrees, legislation, regulations or restrictions of any government; and

pandemic or epidemic.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

© Oh Polly Ltd. OH POLLY, the OH POLLY logo, BO&TEE, and the BO&TEE logo are trade marks or registered trade marks in the United Kingdom and certain other countries and are used under license. All rights reserved.

INTELLECTUAL PROPERTY
© Oh Polly Ltd. OH POLLY, the OH POLLY logo, BO+TEE, and the BO+TEE logo are trade marks or registered trade marks in the United Kingdom and certain other countries and are used under license. All rights reserved.

Oh Polly Ltd (T/A Oh Polly) (“Oh Polly Ltd”) respects and rigorously abides by intellectual property laws. Accordingly, Oh Polly Ltd (T/A Oh Polly) rightfully expects the same of all parties who use our website. Oh Polly Ltd (T/A Oh Polly) and/or its affiliates are owners or lawful licensees of all content (including but not limited to designs, logos, colour schemes, graphics, graphic styles, text, images and video/audio sequences) displayed on this website. Any unauthorized copying, publication, reproduction or distribution of copyrighted works is an infringement of the copyright owners’ rights and is therefore prohibited. You may not, except with our express prior written permission (on whatever terms we deem appropriate), distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Any unauthorized use of Oh Polly Ltd (T/A Oh Polly).’s (without limitation) patents, trademarks, service marks, logos, slogans, screen shots, graphics, graphic styles, designs, blog posts, copyrighted materials or any branded features (“Oh Polly Ltd (T/A Oh Polly) Proprietary Property”) without the prior written permission of Oh Polly Ltd (T/A Oh Polly) is strictly prohibited. If you infringe upon Oh Polly Ltd (T/A Oh Polly).’s rights with respect to any Oh Polly Ltd (T/A Oh Polly) Proprietary Property, you will be ordered to cease such illegal activity and you may be liable to Oh Polly Ltd (T/A Oh Polly) for any and all damages (including recovery of legal fees and expenses) which may be suffered and/or incurred as a result of your infringement.

If you are a legitimate copyright owner who believes that your rights have been infringed upon in any way through the content or services provided on this website, please notify us at: Oh Polly Ltd, Unit Riverview Road, Bromborough, Merseyside, CHL

Email: [email protected]

We reserve the right to make changes, without prior notice, to any products or services mentioned on this site at any time.

GOVERNANCE
These Terms and Conditions and your use of this site will be governed by and construed in accordance with English Law.

Please note that nothing contained in these Terms and Conditions of Sale in any way affects your statutory rights.