PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These Terms and Conditions were last updated in March 2015
These Terms will apply to any contract between us for the sale of Products to you (‘Contract’). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in March 2015.
These Terms, and any Contract between us, are only in the English language.
1.1 The OYSBY website https://oysby.com is operated by Grolightly Limited. OYSBY is the trading name of Grolightly Limited, a company registered in England and Wales, under registration number 07699464. Our registered address is 378 Sydenham Road, Croydon, CR0 2EA, United Kingdom. Our main trading address is Piccadilly Circus, 4-12 Regent Street, London, SW1Y 4PE, United Kingdom, our VAT number is 197169851.
PRODUCTS AND AVAILABILITY
2.1 While we make every effort to ensure that the photographs displayed on our site are faithful reproductions of the original product(s), including adopting every technological solution possible to minimize inaccuracies, variations may occur due to the technical and colour resolution characteristics of your computer. OYSBY shall not be liable therefore for the eventual inadequacy of the graphic representations of OYSBY products displayed on the Site owing to the above mentioned technical and production issues.
2.2 You acknowledge that the products offered by us with the Service are subject to stock limits.
2.3 You may check the availability of any item offered on our site at any time, either while creating your shopping cart or after completing your order. You cannot order a product by loading your shopping cart and saving it for purchase at a later Internet session. Unless you fully complete the order procedure, the contents of your shopping cart will be lost without trace at the end of each shopping session. Inconveniences may occasionally occur regarding the availability of certain products. In such circumstances, we will inform you of this fact as soon as possible (and in any case within the term of delivery as specified below) by e-mail or telephone. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order, no charge will be made to your credit/debit card. In the event that your credit/debit card has already been charged, you will be refunded as soon as possible.
2.4 We reserve the right to change the items offered on our site at any moment, without prior notice.
2.5 We reserve the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of terms and conditions for online purchases on our site or for whatever other legitimate reason, especially where the customer has been involved in irregular activity of any kind.
USE OF OUR SITE
HOW WE USE YOUR PERSONAL INFORMATION
5.1 You may only purchase Products from our site if you are at least 18 years old.
5.2 You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 The order procedure is completed when you select the “Confirm” option. Upon confirmation, your order will be submitted to us for processing and the order may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by the applicable law.
6.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these Terms and Conditions.
6.4 The data recorded on the Site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us shall be treated as legal evidence of the transaction.
OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in relevant laws and regulatory requirements; and
7.1.3 Any other reasonable circumstances.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the outset of these Term and Conditions.
YOUR RIGHT OF CANCELLATION
NOTE: This clause 8 only applies if you are a consumer and if you are a UK or European Community citizen. If you are purchasing Products from outside of the European Community please see clause 10 below.
8.1 You have a legal right to cancel a Contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product or Products, you can notify us of your decision to cancel the Contract and receive a refund. If you are a UK citizen, advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products and/or products made to your specification or clearly personalised to your specification.
8.3 Your legal right to cancel a Contract starts from the date of the order confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after you receive the Product. Working days means that Saturdays, Sundays and public holidays are not included in this period.
8.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail headed ‘Notice of Contract Cancellation’ to email@example.com. You may wish to keep a copy of your cancellation notification for your own records. When you send us your cancellation notice by e-mail, your cancellation will become effective from the date you sent us the e-mail.
8.5 If you refuse delivery or if for any other reason delivery of the Product does not occur then the Product will be returned to us by our shipper and we shall assume unless you advise us to the contrary that you have cancelled the Contract.
8.6 Web orders can be returned to the address on the returns form enclosed with your order. Please refer to our Returns, Deliveries & Exchange Policy.
8.7 If you are returning a product to us, we recommend that you insure the return shipment as you are under a duty to take reasonable care of the Product(s) and will be liable for damage to the product(s) until we actually receive them at our warehouse. We also recommend that you use a secure, trackable means to return your order to us. Product(s) that are the subject of cancellation must be shipped to (details will follow shortly). You should retain proof of sending, in case of a dispute.
8.8 Product(s) should be returned to us with their original packaging and footwear must be tried on carpeted surfaces only. Product(s) must be unused, unworn and in an unaltered condition. Product(s) must be sent from the country that the order was delivered to.
8.9 Subject to compliance with clause 8.8 above, we will refund the full value of your order, including shipping costs if within the UK, within 30 days of receiving your notice of contract cancellation. Outside of the UK, we will only refund the cost of the product, not the delivery cost.
8.10 Please note you may only use your right to cancel the order under the DSR’s if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you received you order, as described above in Clause 8.4.
EXCHANGING AND/OR RETURNING PRODUCT:
NOTE: For the avoidance of doubt if you are ordering Product from outside of the European Union (EU) please carefully read the Note at the beginning of Clause 8 which explains that no right of cancellation applies to you. Your only rights are to return a Product, which are set out in this clause 9.
9.1 You must upon receipt immediately check all Product(s) you receive against your order. If the Product(s) you receive is damaged, defective or in any way 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 e-mail only as soon as possible but in any case within a reasonable period of time. Product(s) must be returned with its original packaging and footwear must be tried on carpeted surfaces only. Product(s) must be unused, unworn and in an unaltered condition.
9.1.2 We may also agree to allow any Product(s) not falling within the above to be exchanged once following purchase subject to the requirements set out in clauses 9.3 and 9.4 below.
9.2.3 To return or exchange a product if you are within the UK, please send us an exchange request via email at firstname.lastname@example.org. Your request must be submitted within 14 days of receipt of the goods. Once your request has been approved we will be in touch with you with details of how to make your return. You should not return any Product(s) to us until these arrangements have been made. If your are outside of the UK, please note that you must cover the cost of the return shipment. Any additional costs including taxes and duties that have not been covered by you will be deducted from your refund. The original delivery cost will not be refunded.
9.3 In the UK, any returns must be made in a single delivery shipment and any fragmented returns may incur additional costs payable by you to us. There is no charge to exchange items for a different size, however all exchanges are based on stock availability. If you are a customer from outside of the UK, please see below clause 9.4 for instructions on exchanges/returns.
9.4 If you have purchased Product(s) from us from outside the UK you are wholly responsible for the payment of all taxes and duties on any supply of Product. We cannot under any circumstances refund such taxes/duties. You must deal with this application directly with the appropriate authority. Additionally any returns of Product(s) from outside the UK, will be at your own expense.
9.6 We recommend that you retain proof of sending, in case of a dispute.
9.7 Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged or degraded on return or for shipping if outside of the UK.
9.8 Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
9.9 This returns policy does not affect your legal and statutory rights.
PRICE OF PRODUCTS AND VAT CHARGES
10.1 Our site contains a large number of Products. It is always possible that, despite our efforts to the contrary, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or alternatively you may cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.2 UK VAT is applied to all orders shipping to the EU. The prices shown on this website are inclusive of UK VAT.
10.3 Sales made to customers outside of the EU are dealt with in clause 11 below.
INTERNATIONAL SALES AND DELIVERY
11.1 We ship DDU (delivery duty unpaid) to certain destinations outside the EU. Product prices displayed on our website are inclusive of UK VAT. If you are not liable to pay VAT, this will be removed at checkout. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to advise or predict the amount. You alone shall be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11.3 We are unable to ship certain products outside the EU including products made of or containing CITES restricted materials. We will make an effort to indicate on the product pages if the product cannot be shipped outside the EU. On checking out, based on your shipping destination, you may be blocked from checking out with these products in your cart and you will need to either remove them or change your shipping destination to proceed with your order.
12.1 Your order will be fulfilled within one working day of receipt. If we receive your order before 10:00 London local time UK, it will be processed and shipped that same working day unless there is an Event Outside Our Control. This phrase is this defined below in Clause 15.2. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
12.2 Delivery will be completed when we deliver the Products to the address you gave us.
12.3 Please make sure that the shipping address is correct as we’re unable to redirect orders once they are on their way to you.
12.4 Before we can dispatch your order, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum.
12.5 We insure each purchase whilst in transit and until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us and transfer of responsibility in the same way.
HOW TO PAY
13.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard, Maestro
13.2 Payment for the Products and all applicable delivery charges must be made in advance.
OUR LIABILITY IF YOU ARE A CONSUMER
14.1 This clause 14 only applies if you are a consumer.
14.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
EVENTS OUTSIDE OUR CONTROL
15.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.4 we will contact you as soon as reasonably possible to notify you; and
15.5 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer:
16.3 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to email@example.com headed ‘Notice of Contract Cancellation.’
16.4 You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
16.5 If you wish to contact us in writing for any other reason, please email us at firstname.lastname@example.org.
16.6 If we have to contact you or give you notice in writing, we will do so by e-mail, or by phone.
OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of your Contract to the recipient of the gift without needing to ask our consent. You must however tell us in writing (which shall include email) that you have done this.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient by you of your gift of a Product will have the benefit of a Contract made between us and the original purchaser, but neither we or you will need their consent to cancel or make any changes to these Terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
17.8 We will not file a copy of the Contract between us.