1. INFORMATION ABOUT US
1.1 www.odysea.com (“our site” ) is a site operated by Odysea Limited (“we”, “us”, “our”). We are registered in England and Wales under company number 2572727 with our registered office and main trading address at Sovereign House, 2 Dorma Trading Park, Staffa Road, Leyotn, E10 7QX, United Kingdom. Our VAT number is GB 577 150 920.
2. APPLICATION OF TERMS
2.1 Subject to any permitted variation, the contract between you and us (the “ Contact “) for the sale and purchase of any of our products (the “Products “) shall be on the terms set out in these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document).
2.2 These Terms and Conditions apply to all our on-line sales and any variation to these Terms and Conditions and any representations about the Products shall have no effect unless expressly agreed in writing by us. By placing an order on our site you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms and Conditions.
2.3 Each order placed by you through our site shall be deemed to be an offer by you to buy the relevant Products subject to these Terms and Conditions.
3. SERVICE AVAILABILITY
3.1 Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom.
4. YOUR STATUS
4.1 By placing an order through our site, you warrant that:
4.1.1 you are legally capable of entering into binding contracts;
4.1.2 you are at least 18years old;
4.1.3 you are resident in the UK
4.1.4 you are accessing our site from the UK and
4.1.5 you are agreeing to be bound by these Terms and Conditions.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will only confirm such acceptance to you by sending you an e-mail once your order and payment have been successfully received (the “Order Confirmation”). The Contract will only be formed when we send you the Order Confirmation. The quantity and description of the Products ordered shall be as set out in the Order Confirmation.
6 OUR SITE
6.1 Our site will automatically display if a Product is unavailable or out of stock. If this fails to happen for whatever reason and any Product you have ordered is not available we will contact you with the option of ordering a replacement Product, cancelling your order or waiting until the Product is back in stock.
6.2 We reserve the right to modify, substitute or remove any information on our site without prior notice. Price, Product information and Product availability are all subject to modification from time to time without prior notice.
6.3 All images and text on our site remain the property of Odysea Limited and are protected by copyright laws and may not be used without our prior written consent.
7 CONSUMER RIGHTS
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 10 below.
7.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 Your statutory rights are not in any way affected by these Terms and Conditions. In addition, you are also protected under the Consumer Protection (Distance Selling) Regulations 2000 (www.opsi.gov.uk/si/si2000/20002334.htm) and the Electronic Commerce (EC Directive) Regulations 2002 (www.opsi.gov.uk/si/si2002/20022013.htm).
8 AVAILABILITY AND DELIVERY
8.1 We aim to fulfil your order within 4 working days from the date of the Order Confirmation, unless there are exceptional circumstances. Your order shall be delivered to the address provided at the time your order was placed.
8.2 Deliveries to mainland UK addresses totalling more than £50 are not subject to a delivery charge and the same applies to orders of ambient products of over £30. For all other orders, the following delivery charges (including VAT) will apply: Mainland UK orders totalling less than £30.00 delivery charge is £6.95, plus £5.00 for chilled products; Mainland UK orders that include chilled items totalling less than £50 are subject to £5 surcharge for premium next day delivery service; Scottish Highlands charge is £10.95 plus £5.00 for chilled products; Northern Ireland delivery charge for all orders is £24.00, plus £5.00 for chilled products; Islands (including Channel Islands) delivery charge for all orders is £34, plus £5.00 for chilled products.
8.3 We are only able to deliver to UK addresses and our delivery charges relate to delivery to one single UK address. We are unable to split orders to separate addresses. For overseas deliveries please telephone us directly for further information.
8.4 Deliveries will only be made between Monday to Friday and between the hours of 9.00am and 6.00pm by a nominated third party courier on our behalf. We are unable to provide specific delivery times. You must ensure that a responsible person is available to accept delivery as the courier will require a signature for all deliveries. Products cannot be left with any third parties and you will be responsible for any additional delivery charges incurred for failed deliveries.
8.5 If for any reason you fail to accept delivery of any Product when they are ready for delivery, or we are unable to deliver the Product on time because you have not provided the correct delivery address or appropriate instructions or no-one was there to accept the delivery at the time notified to you:
(a) risk in the Product shall pass to you;
(b) the Product shall be deemed to have been delivered; and
(c) we may store the Product until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
8.6 You must provide at the delivery address and at your expense adequate and appropriate equipment and manual labour for loading the Product.
8.7 Any dates quoted for delivery are intended to be an estimate only and we shall not be liable for any delay in the delivery of Products however incurred. Time for delivery shall not be of the essence. If no delivery date is specified, delivery shall be within a reasonable time.
9 RISK AND TITLE
9.1 The Products ordered will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10 PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 All prices on our site are quoted in GBP (£). The quoted prices for the Karyatis Brass Mills and Odysea Ceramic Bowls products are inclusive of VAT. All other quoted prices are exclusive of VAT. All prices quoted on our site are exclusive of delivery costs, which will be added to the total amount due and calculated in accordance with condition 7.2 above.
10.3 Prices and charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
10.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10.5 Payment for all Products must be by credit or debit card. We accept payment with Mastercard, Visa, UK issued Maestro, non-UK issued Maestro and Solo. We are unable to accept American Express. No handling or administration fees will be charged. We will not charge your credit or debit card until we have confirmed that the Product(s) is in stock and available for despatch to you.
11 OUR REFUNDS POLICY
11.1 If you are unhappy with any Product then please contact us directly either by email to email@example.com or by telephone on 020 7608 1841 during the hours Monday to Friday 9:00am to 5:00pm to discuss the matter. Refunds will be arranged at our discretion.
11.2 Where you cancel a Contract before the Product(s) has been dispatched we will refund the cost of the Product(s) in full and will process the refund due as soon as possible and in any case within 30 days from the date on which you gave notice of your cancellation.
11.3 When you return a Product to us:
11.3.1 because you have cancelled the Contract between us within the seven-day cooling-off period we will process the refund due to you as soon as possible after we have received the Product in the same condition in which you received it. In this case, we will refund the price of the Product in full, including the cost of sending the Product to you. However, you will be responsible for the cost of returning the Product to us. You have a legal obligation to take reasonable care of the product whilst it is in your possession. If you fail to comply with this obligation, and/or the Product when returned to us is not in the same condition as it was hen sent to you, we may have a right of action against you for compensation and may withhold part of your refund. You will also be responsible for the possible risk of loss or damage to the Product incurred during the transit back to us. We recommend that you send the Product back to us by recorded delivery and that you have sufficient insurance to cover the value of the Product returned. If the Product fails to be returned to us we cannot refund any payment made.
11.3.2 for any other reason (for instance, you claim that the Product is defective), we will examine the returned Product and will notify you of your refund (if any) via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect which we have confirmed will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
11.4 If you receive a Product which you consider is damaged then please contact us directly in order that we may arrange a replacement or refund. We will require a photo of the damaged Product. If possible, please sign for the Products as “DAMAGED ON RECEIPT”.
11.5 We can only refund any money due to you using the same method originally used by you to pay for your purchase. Cash or cheque refunds cannot be issued. No handling or administration fee will be charged.
12 OUR LIABILITY
12.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Our total liability for losses you suffer as a result of us breaching any of these Terms and Conditions or any Contract is strictly limited to the purchase price of the Product you purchased.
12.4 This does not include or limit in any way our liability:
12.4.1 for death or personal injury caused by our negligence;
12.4.2 under section2(3) of the Consumer Protection Act 1987;
12.4.3 for fraud or fraudulent misrepresentation; or
12.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.5 We are not liable for any indirect or consequential losses which happen as a side effect of the main loss or damage, including but not limited to:
12.5.1 loss of income or revenue;
12.5.2 loss of business;
12.5.3 loss of profits or contracts;
12.5.4 loss of anticipated savings;
12.5.5 loss of data; or
12.5.6 waste of management or office time,
however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable.
12.6 We cannot accept any liability or responsibility for any damage to, or any virus that may affect, your computer or computer equipment from browsing or downloading data, text or images from our site.
12.7 We cannot accept any liability or responsibility for information, views or opinions provided by third parties about, or in relation to, the content and material of our site.
13.2 Any information collected and stored by us is done so lawfully and in accordance with the Data Protection Act 1998 and updates thereto including the General Data Protection Regulation (EU) 2016/679.
13.3 Pease note that part of our contract with you includes delivery requiring us to disclose your contact details to third party deliverers and keeping your details on file in case of product recalls.
14 WRITTEN COMMUNICATIONS
14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1 All notices given by you to us must be given to Odysea Limited at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our site, 24hours after an e-mail is sent, or threedays after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16 TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17 EVENTS OUTSIDE OUR CONTROL
17.1 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 events outside our reasonable control (a “Force Majeure Event” ).
17.2 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:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks; or
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 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.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
19.1 If any of these Terms and Conditions or any provisions of a Contract 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 will continue to be valid to the fullest extent permitted by law.
20 ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
21 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these Terms and Conditions from time to time.
21.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within sevenworking days of receipt by you of the Products).
22 LAW AND JURISDICTION
22.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.