Copyright
All contents of this Web site are Copyright
© 2013 Oh So Cherished Ltd.
All rights reserved.
You can contact Oh So Cherished Ltd by:
Email: sales@ohsocherished.co.uk
Post: Oh So Cherished Ltd, The Old Granary, Whitecroft Farm, Sandy Lane, Isle of Wight PO30 3EA
Company Registration No: 6364852
Important
By accessing this Site, you agree
to these terms & conditions. If you do not agree with these terms
and conditions then you are not authorised to use or access this
Site.
Definitions
"You" means the user of the Site, "we", "us" and "our" means ohsoinviting,
"Site" means the site on the World Wide Web located at www.ohsocherished.co.uk and "Content" means the information and other
material available within the Site.
Rights Granted/Rights Reserved
The Content is for your personal use only and you may download the
Content onto only one computer hard drive. You agree not to (and
agree not to assist or facilitate any third party to) copy, distribute,
transmit, reproduce, publish, commercially exploit or create derivative
works from the Content.
Availability of the Website
You acknowledge that it is technically impossible to provide the
Site free of faults and that we do not undertake to do so; that
faults may lead to the temporary unavailability of the Site; and
that the operation of the Site may be adversely affected by conditions
and performances outside our control, including, without limitation,
transmission and telecommunications links between us and you and
between us and other systems and networks. We may make improvements
and/or changes in the Site at any time.
No Warranty
The Site and the Content is provided on an "as is" and "as available"
basis and we make no warranties or representations, whether express
or implied, in relation to the Site or the Content, including but
not limited to implied warranties or conditions of completeness,
accuracy, satisfactory quality and fitness for a particular purpose.
You further acknowledge that some of the Content is supplied to
us (directly and indirectly) by third parties and accordingly we
can offer no warranty of whatever nature in relation to such Content.
Liability
In no event (except for death and personal injury arising from our
negligence) shall we be liable for any loss or damage whatsoever
arising directly or indirectly from or in any way connected with
the Site or your use of or reliance upon the Content or any information
you obtain by means of the Site whether based on contract, tort,
negligence, statutory duty or otherwise, even if we or any of our
suppliers has been advised of the possibility of such loss or damage.
Your statutory rights in relation to any purchased through the Site
are not affected. You agree and understand that ohsocherished will not
be liable in any way for content or messages created by users should
we include review to our Site in the future.
Links to Third-party Sites
This Site may contain hyperlinks to other web sites. You acknowledge
and agree that we are not responsible for the availability of such
external sites, and do not endorse and are not responsible or liable
for any content, advertising, products or other materials on or
available from such sites. You agree and acknowledge that you are
solely responsible for evaluating any goods or services offered
by us or third parties via the Site and that we will not be a party
to or in any way responsible for any transactions between you and
third parties.
Intellectual Property and Use of Software
You acknowledge that all copyright, trademarks and all other intellectual
property rights in the Content shall remain vested in us or our
licensors. Your use of any software that is made available to download
from the Site or via any hyperlink contained on the Site ("Software")
is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("Licence Agreement").
You may not install, copy or use any Software that is accompanied
by or includes a Licence Agreement unless you first agree to the
terms of such Licence Agreement.
Security
You are responsible for the security and proper use of all user
names and passwords used from time to time in connection with the
Site and must take all necessary steps to ensure that they are kept
confidential, secure, used properly and not disclosed to unauthorised
people. You must immediately inform us if there is any reason to
believe that a user name or password has or is likely to become
known to someone not authorised to use it or is being or is likely
to be used in an unauthorised way. If you forget or lose a password
or user name you must contact us and satisfy such security checks
as we may operate. We reserve the right to suspend user name and
password access to the Site and the Services if at any time we consider
that there is or is likely to be a breach of security. We reserve
the right (in our sole discretion) to require you to change any
or all of the passwords used by you in connection with the immediately
Site. You must inform us of any changes to the information you supplied
when registering for the Site.
Personal Information Policy
We explicitly ask when we need information that personally identifies
you ("Personal Information"). For example, if you wish to register
for an account on the Site, we ONLY use for ohsocherished. purposes
only, your details will not be usued to any third party. We may,
occasionally, use your Personal Information to inform you of new
products from us. If you do not wish to receive such information
from us you may inform us via email: sales@ohsocherished.co.uk. To make
sure that your Personal Information for your account registration
is correct and up-to-date, you should review and update your personal
information regularly. You may also require us to delete the Personal
Information we hold about you and if you wish us to do so, please
notify us by email to sales@ohsocherished.co.uk. If at any time you believe
that we have not adhered to these principles, please notify us by
email to sales@ohsocherished.co.uk, and we will use all commercially reasonable
efforts to determine and correct the problem promptly.
Purchase Terms - Terms of Purchase
of Goods or Services from Oh So Cherished Ltd
All orders for goods ("Goods")
and on-line or offline pay-services ("Services") (together "Products")
from a buyer ("you") accepted by Oh So Cherished("we/us") on or through
the ohsocherished.co.uk web site ("Site") are subject exclusively and strictly
to the following terms and conditions ("Purchase Terms") (which,
in the event of a conflict, take priority over the terms and conditions
of use of the Site):
Purchase Terms - Price and Delivery
of Products
The price of the Products shall
be the price quoted on the Site (which we can change in the case
of an error). Payment details must be provided by you on the date
that we accept your order. In respect of Goods only: the delivery
of Goods shall be subject to payment by you of the delivery charges
specified on the Site which may be changed by us at our discretion.
You confirm that you have given us the correct billing address of
your credit/debit card and, in respect of Goods and if different
to the billing address, that you have also notified us of the correct
delivery address. All Goods are delivered by Royal Mail, delivery being Monday to
Saturday. Please
select a delivery address most convenient to you with signed for facilities. We will notify
you either if there will be a delay or if the item is no longer
available. If the item is no longer available. Please note that
delivery charges may vary according to goods purchased or type of
delivery service (eg. express) required. These delivery charges
will be highlighted in your checkout.
Purchase Terms - Value Added Tax (VAT)
Prices displayed on goods include
VAT (where applicable). For UK (including Northern Ireland and Isle
of Man but excluding the Republic of Ireland and the Channel Islands)
and all EEC member states VAT is charged on any goods you purchase
(currently at 20%). For the rest of the world (including the Republic
of Ireland and the Channel Islands), NO UK VAT is charged if the
goods purchased are delivered outside the UK but please be aware
you may be subject to the charges of that particular country. Our VAT registration number is 945 7202 17.
Purchase Terms - Payment
Payment can be made by Mastercard,
Visa/Visa Debit on-line and Mastercard, Visa/Visa Debit, Switch, PayPal or by Cheque.
Payment will be debited from your account upon ordering your purchase. You confirm that the credit/debit card that is being
used is yours. We will take all reasonable
care, in so far as it is in our power to do so, to keep the details
of your order and payment secure, but in the absence of negligence
on our part we cannot be held liable for any loss you may suffer
if a third party procures unauthorised access to any data you provide
when accessing or ordering from the Site.
Purchase Terms - Risk and Property
The provisions in this Clause
3 relate only to Goods. Once the Goods have been received by you,
all risk of damage to, or loss of, the Goods shall pass to you.
Irrespective of delivery and the passing of risk in the Goods, or
any other provision of these conditions, the ownership of the Goods
shall not pass to you until we have received in cash or cleared
funds payment in full for the price of the Goods and all other Goods
agreed to be sold by us to you for which payment is then due. Until
such time as the ownership of the Goods passes to you, we shall
be entitled to ask you to return the Goods to us.
Purchase Terms - Warranties and Replacements
The following relate only to Goods:
There shall be no liability under any such warranty or guarantee
if the total price for the Goods has not been paid by the due date
for payment. Other than as expressly provided in these Terms & Conditions,
and except where the Products are sold to a person dealing as a
consumer (within the meaning of the Unfair Contract Terms Act 1977
and Unfair Terms in Consumer Contracts Regulations), we exclude
all conditions, terms, representations (other than fraudulent or
negligent representations) and warranties relating to the Products,
whether imposed by statute or by operation of law or otherwise,
that are not expressly stated herein, including without limitation,
the implied warranties of satisfactory quality and fitness for a
particular purpose. Where you are dealing as a consumer (within
the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms
in Consumer Contracts Regulations) your statutory rights are not
affected by these Purchase Terms ie. if the Goods are faulty or
not what you ordered, please provide a full description
of the fault and return the defective item to Oh So Cherished Ltd, Unit 3, Dean Farm, Whitwell, Isle Of Wight PO38 2AB, with your receipt. In these circumstances we will pay for the
reasonable delivery of goods.
Purchase Terms - Exchange/Refund
The provisions in this Clause
5 relate only to Goods: Please note that where you are returning
goods because of an error on our part or that it is defective, we
will refund you the price of postage and packaging. Otherwise, the
price of postage and packaging will not be refunded. Please also
note that our returns policy does not affect your statutory rights
as costumer, ie. if the gifts are faulty or not what you ordered please provide a full description of the fault and
return the defective item to the address above
with your receipt. In these circumstances we will pay for the reasonable
delivery of the goods.
Purchase Terms - Liability
Nothing in these Purchase Terms
shall exclude or limit liability for death or personal injury resulting
from our negligence or that of our servants, agents or employees.
Our liability in contract, tort, negligence, pre-contract or other
representations or otherwise arising out of or in connection with
these Purchase Terms or the performance or observance of our obligations
under these Purchase Terms, and every applicable part of it shall
be limited in aggregate to all sums paid by you to us. In any event,
we shall not be liable to you under, or in connection with these
Purchase Terms in contract, tort, negligence, pre-contract or other
representations (other than fraudulent or negligent representations)
or otherwise for any loss of business, contracts, profits or anticipated
savings or for any indirect or consequential economic loss whatsoever.
Each provision of this Clause 6 excluding or limiting liability
shall be construed separately, applying and surviving even if for
any reason one or other of these provisions is held inapplicable
or unenforceable in any circumstances and shall remain in force
notwithstanding the expiry or termination of our agreement.
Purchase Terms - Data Protection
Our Personal Information Policy
applies.
Purchase Terms - General
These Purchase Terms shall be
governed by the laws of England and you agree to submit to the exclusive
jurisdiction of the English courts. Each of the Clauses of these
Purchase Terms shall be construed separately and independently of
each other and the invalidity of any one part shall not affect the
validity of any other part.
Modification of these Terms and Conditions
We reserve the right to change
these terms and conditions from time to time. By continuing to use
the Site following any such change you will be deemed to have accepted
such change. It is your responsibility to check regularly to determine
whether these terms & conditions have been changed. If you do not
agree to any such change you must immediately stop using the Site.
General
These
terms and conditions are governed by the laws of England and you
hereby consent to the exclusive jurisdiction of the English courts.
Each provision of these terms and conditions excluding or limiting
liability shall be construed separately, applying and surviving
even if for any reason one or other of those provisions is held
to be inapplicable or unenforceable in any circumstances. No waiver
by us shall be construed as a waiver of any proceeding or succeeding
breach of any provision.
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