Terms and conditions for sale
These terms and conditions of sale govern the sale by Marylebone Clothing Company Limited (“MCCL”) of products, mainly clothing and fashion accessories (the “Goods”), from the website located at
www.oola-lingerie.com (the “Website”) by You, and by registering with Oola- lingerie you agree to be bound by the these terms and conditions)
The Goods
The Goods shown on the Website are subject to availability and confirmation of Your order by MCCL. And MCCL is under no obligation to accept any order placed by You or any part of any order placed by You.
Whilst we endeavour to ensure that the price, details, materials, descriptions, sizes, colours and any other information that appears on the Website in relation to the Goods is accurate and up to date, errors may still occur. Where such errors do occur, we will contact you by email to confirm that You still wish to proceed with the order and give You the option of re-confirming the order or cancelling it.
Ordering
By placing an order through the Website, You acknowledge that You are over 18 years of age and possess a valid credit or debit card issued by a bank acceptable and known to us. When placing an order You undertake that the information You provide to us is true and accurate, that You are the authourised user of the credit or debit card used to pay for the order and that there are sufficient cleared funds or credit in Your credit or debit card account to pay for the order.
To place an order you must provide MCCL with a valid email address and a delivery address. We will confirm Your order to this email address and use it to advise You of any changes to Your order or the estimated delivery date and time. Where we have sent You an email in relation to an order requiring You to contact MCCL and we do not hear from You within 28 days. We will cancel Your order and where we have debited Your credit or debit card account, we will refund the value of the order to that credit or debit card account.
To place an order through the Website, it will also be necessary for You to provide MCCL with a username and password of Your choice. You are responsible for maintaining the confidentiality of Your account’s user -name and password and accept responsibility for any and all purchases made through Your account.
Before accepting Your order, our electronic payment provider may conduct standard pre-authorisation checks to determine if there are sufficient funds or credit in Your account to pay for the items You have ordered, the VAT thereon and the delivery costs. Completion of the sale of Goods and the dispatch of the Goods may be withheld pending the results of such checks.
Prices
All prices quoted on the Website are inclusive of VAT. The price shall include delivery and where relevant, insurance costs, which shall be clearly stated as such on your order confirmation. Prices for Goods shown on the Website are subject to change without notice. Where the price quoted in an order confirmation is greater than that shown on the Website at the time You ordered the Goods, MCCL will, at its discretion, either provide You the Goods at the lower price off re-confirm the order specifying the Goods whose price has increased , giving You the option to re-confirm the order or cancel all or part of Your order.
Payment
The full amount of an order, including VAT, delivery and where appropriate, insurance costs, will be debited from Your credit or debit card account once MCCL has satisfied itself that it can fulfill the order and our electronic payment provider has confirmed that You have sufficient funds or credit to pay for the order. Payment for confirmed orders is only permitted through the electronic payment providers listed on the Website.
Variation of Terms
MCCL has the right, in its absolute discretion, at any time and without notice, to amend, vary or change these terms and conditions of sale, and for this reason You should regularly check these terms and conditions of sale.
Delivery
Delivery will be by either first class post or Royal Mail Special delivery within mainland UK. Please see our Delivery Charges Schedule for costs of delivery and insurance within mainland UK. We aim to dispatch all orders within 2 days of confirmation of Your order. We cannot however guarantee a set delivery date. MCCL shall have no liability arising as a result of the late or early delivery of the Goods to the address nominated by you.
Where MCCL have tried to deliver the Goods in a confirmed order and such Goods have been returned to MCCL, MCCL shall,
Cancellation
You may cancel an order for any reason within 7 days of such order being confirmed to You. In the event that we have already shipped that order to You MCCL will refund the amount deducted from Your credit or debit card account minus delivery costs.
Returns
You may return any and all Goods in an order provided You do so within 28 days of from the date of dispatch. Goods must be returned in the same condition in which they were provided to You, unworn, unsoiled and unwashed and in, or accompanied by, the original packaging. To make processing easier, MCCL would be grateful if You would use the returns adhesive label when returning any Goods. Upon receipt of returned Goods, MCCL shall inspect them to determine if they are, in its view, acting reasonably, in a returnable condition and if so, whether it will refund the value of the Goods returned minus any delivery and return delivery costs.
Privacy and Personal Data
During the course of processing Your order we will gather personal data about You. We will endeavour to process and store this data in accordance with our Privacy Policy and the Data Protection Act 1998.
Miscellaneous
Any formal legal notices should be sent to us at the address at the end of these terms and conditions of sale or by email and confirmed by post.
Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these terms and conditions of sale.
If any part of these terms and conditions of sale is found to be unenforceable as a matter of law, all other parts of these terms and onditions of sale shall be unaffected and shall remain in force.
The law of England and Wales applies to these terms and conditions of sale and any dispute arising between us regarding the sale and purchase of Goods from the Website and will be dealt with by the courts of England and Wales.
Marylebone Clothing Company Limited is a company registered in England and Wales. Our company number is 06494112 and our registered office is at Lever House, 104 Cromwell Road, Hounslow, Middlesex, TW3 3QJ. Our VAT registration number is 922 7786 94
Website terms
1. Introduction
1.1 www.oola-lingerie.com (the “Website”) is operated by Marylebone Clothing Company Limited.
1.2 Use of the Website is on the terms contained in this document (Terms of Use). If you do not agree to these Terms of Use, stop using the Website immediately. By accessing and using this Website you are indicating your acceptance to be bound by these Terms of Use. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on the Website about how the Website operates and the services which are available.
1.3 The purchase of products from this Website is subject to our Terms and Conditions of Sale and the terms and conditions of the electronic payment provider in use on the Website from time to time, or where there is more than one such provider, in accordance with the terms and conditions of the electronic payment provider selected by you when purchasing products from the Website. [Add underlined hyperlink to these]
1.4 We reserve the right to change these Terms of Use from time to time without prior notice. The current Terms of Use will be that which is displayed on the Website from time to time. You should check this Website from time to time to review the current terms and conditions because they are binding on your use of the Website.
2. Accessing the Website
2.1 We cannot guarantee that the Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Website or any computer system, server, router or any other internet-connected device.
2.2 You are responsible for ensuring that your computer system meet all relevant technical specifications necessary to use the Website and the electronic purchasing software being used on the Website from time to time and is compatible with the Website. You also understand that we cannot and do not guarantee or warrant that the content on the Website will be free from infection, viruses and/or other malicious code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
2.3 From time to time, we may restrict access to some features or parts of the Website, or the entire Website, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
3. Your Responsibilities
You may only use this Website in accordance with these Terms of Use. In particular you agree to use this Website only for lawful and proper purposes and:
3.1 not to post or transmit to or from this Website any material that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive or otherwise unlawful or objectionable;
3.2 not to do, cause or permit anything to be done that may infringe our intellectual property rights or those of third parties;
3.3 not to do, cause or permit anything to be done which infringes the privacy rights of any third party;
3.4 not to do, cause or permit anything to be done that may be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmless data);
3.5 not to alter or modify any part of this Website;
3.6 not to attempt to access or hack into the account of any other user of the Website, including for the purposes of accessing and viewing previous purchases by such user.
4. Accuracy of information
4.1 We will use reasonable endeavours to ensure that information (including sizing, price, material and availability of the clothing) shown on the Website is accurate, but commentary and other material posted on the Website are not intended to amount to advice on which reliance should be placed. We make no representation or warranty that any information contained on the Website is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.
4.2 If you find any inaccurate information on the Website please let us know and we will endeavour to correct it, where we agree, as soon as is reasonably practicable.
5. Intellectual property rights
5.1 All content on this Website including but not limited to text, software, photographs and graphics is protected by appropriate intellectual property rights. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our products, name, trade marks, logos or other proprietary marks or any of the content of this Website, in whole or in part, except as provided in these Terms of Use.
5.2 You may download information and photographs from the Website for your own personal non-commercial use. Except as otherwise expressly permitted under copyright law or under this clause, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any such permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
5.3 The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use.
6. Links to this and other Websites
6.1 We may provide hyperlinks from this Website to other internet Websites which are operated by other organisations. We are not responsible for external Websites that link to this Website or which are linked from it. That we include these hyperlinks does not imply any endorsement of the material on such Websites or any association with their operators.
6.2 We reserve the right, at our discretion, to prohibit any link from another internet Website to materials or information on this Website. Without prejudice to that right, if you wish to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
6.2.1 you do not remove, distort or otherwise alter the size or appearance of our logo;
6.2.2 you do not create a frame or any other browser or border environment around the Website;
6.2.3 you do not in any way imply that we endorse any products or services other than our own;
6.2.4 you do not misrepresent your relationship with us nor present any other false or misleading information about us;
6.2.5 you do not otherwise use any of the trade marks displayed on the Website without our express written permission;
6.2.6 you do not link from a Website that is not owned by you; and
6.2.7 any Website from which you link to the Website does not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7. Our liability
7.1 Although we hope this Website will be of interest to you, we accept no liability and offer no warranties or conditions in relation to this Website or its content, to the fullest extent such liability can be excluded by law.
7.2 In no event shall we be liable to you for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of, or inability to use, the Website or information on the Website. Except as provided in these Terms of Use, all terms implied by law are excluded.
7.3 Nothing in these Terms seeks to exclude or restrict Our liability for death or personal injury caused by our negligence.
8. General
8.1 Marylebone Clothing Company Limited is a company registered in England and Wales. Our company number is 06494112 and our registered office is at Lever House, 104 Cromwell Road, Hounslow, Middlesex, TW3 3QJ. Our VAT registration number is 922 7786 94
8.2 Any formal legal notices should be sent to us at the address at the end of these Terms of Use by email and confirmed by post.
8.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.
8.4 If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.
8.5 You and we agree that English law applies to these Terms of Use and that any dispute between us regarding the Website or arising out of or in connection with these Terms of Use will only be dealt with by the English courts.
9. How to contact us
If you experience problems with the Website or would like to comment on it, please feel free to contact us through the contact oola link
Marylebone Clothing Company Limited
111 Wilberforce Road
London N4 2SP
10. Updates
These Terms of Use were last updated on 30 September 2008.