Terms and Conditions
ABOUT THESE TERMS AND CONDITIONS OF SALE
These are the terms and conditions of sale (the “Terms of Sale”) which apply to your purchase of goods bought through the website at www.oakley.com (the “Site”). The Site and the goods supplied through it are provided by Oakley (UK) Limited, a limited company incorporated in England and Wales under company number 01310079, of Verulam Point, Station Way, St. Albans, Hertfordshire, UK, AL1 5HE (referred to here as “we”, “us” and “our”). When we refer to “you” and “your” we mean you, the user of the Site and purchaser of goods.
We reserve the right to change the Terms of Sale and the Additional Policies at any time. Any changes to the Terms of Sale or the Additional Policies will be effective for all new orders placed after the change is published on the Site. You should check the Terms of Sale and Additional Policies posted on the Site before each order – they may have changed since your last visit.
Nothing in these Terms and Conditions of Sale will affect your statutory rights. If you have any questions about the Terms of Sale, any of the Additional Policies, the goods or the Site please contact us by visiting us at www.oakley.com. Alternatively you can speak to an advisor by calling 00800 6255 3985 or you can contact us by e-mail at firstname.lastname@example.org.
PART A – INFORMATION ABOUT THE SITE AND THE GOODS
This PART A sets out some important information about the Site and the goods which are offered for sale on the Site.
Information provided on the Site
We try to make sure that all information on the Site, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Site as soon as reasonably possible and if we think that such an error has affected your order we will make all reasonable efforts to notify you via the contact information you provided to us on your account or during your order.
Buying goods over the internet provides a different shopping experience from buying in-store. In particular, you should be aware that:
- the colours of goods as shown on the Site will depend on many factors – including your display settings;
- the actual sizes and shapes of the goods may differ from how they appear on your screen;
- pictures and images on the Site are for illustration purposes only. For an accurate description of any item and details of what is included with the item, please refer to the corresponding written description.
- all goods are subject to availability and we may not be able to supply your order. We reserve the right to withdraw any goods from sale at any time, and our only liability to you for withdrawing any goods will be to refund to you any money paid to us in respect of those goods which we are no longer able to supply;
- we will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to us by our delivery service provider and are estimates of delivery only. Actual delivery dates may vary. Further delivery details may be available on our delivery service provider's tracking website. Please see PART B below for more information about delivery; and
- not all goods and promotions that are offered on the Site will be available in-store, and vice versa. We reserve the right to adjust prices, goods and special offers at our discretion.
We will do our best to check the Site for viruses but we do not warrant that the Site is free of viruses or other malicious content. For your own benefit, you should make sure that you have appropriate software and systems in place to check for viruses and other malicious content on the internet.
We have the right at any time to modify or stop providing the Site and to stop selling any or all goods through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of the Site.
It is your responsibility to ensure that any login details or password and all other details in relation to your account remain confidential at all times. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.
PART B – BUYING GOODS
This PART B sets out the terms that apply to your purchase of goods from the Site.
Placing your Order
- Once you have selected the goods which you would like, you will be asked to register your personal details with us by completing a registration form. Registration is not required; however we encourage registration in order to facilitate the checkout process during future orders on the Site. You always have the option to complete your order as a “guest” without registering on the Site. You will also be asked to provide details about your debit or credit card in order to allow us to take payment for those products that have been ordered. Where we use a third party card authorisation service to verify that your details are correct and to administer payment on our behalf, your personal details, including your credit card details, will be transferred to such third party and you specifically consent to your data being transferred for such purposes. When you place an order for goods via the Site, your order constitutes an offer to purchase goods from us. Where you order more than one item, your order comprises a series of offers for each item individually.
- After placing an order with us, you will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Site. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations.
- The Order Confirmations contain details of the goods you have ordered, the total cost of the order including delivery and an order number. Once your order has been shipped, we will send you a shipping confirmation email and an invoice email (as described in paragraph 2.1 below). The invoice email constitutes the VAT receipt for your goods. You should print off a copy of the invoice email together with a copy of these Terms of Sale and the Additional Policies and keep them safe. You will need to refer to these details when contacting us about your order.
- All orders are subject to acceptance by us. Except as set out in paragraph 2.2 of this Part B below, we will confirm acceptance to you by sending you an email that confirms that the goods ordered by you have been dispatched (the “Shipping Confirmation”). The contract between you and us, which shall incorporate these Terms of Sale, will be formed only when we issue the Shipping Confirmation to you. The contract will relate only to those goods whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other goods which may have been part of your order, until the dispatch of such goods has been confirmed in a separate Shipping Confirmation.
- In the case of goods that are made to order (such as custom sunglasses) acceptance of your order takes place at the point at which we send out our Order Confirmations. Please be aware that different cancellation rights apply to goods that are made to order, see section 5 and our Returns Policy for more details.
- Although we hope to be able to supply all goods ordered, we reserve the right, at our discretion and without the need to give reasons, not to accept any offer at any time before it has been accepted. Should we refuse your order we will notify you as soon as reasonably possible.
- We will take payment from your credit or debit card at the time your order is shipped. You will receive an email or post mail detailing what items have shipped from your order and the cost to ship these items (the “Invoice Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time. The Invoice Email will include information of the items actually shipped at that time only. We will contact you if we have any problems taking payment from the card details you provide during the order process.
- Unless otherwise stated, all prices shown on the Site are inclusive of VAT and other applicable taxes. The prices shown do not include the delivery fee, which will be added to your total order price in accordance with paragraph 3.4 below.
- Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Site at the time you place your order.
- In most cases the delivery fee payable by you for your order will be that which is given by the Site at the time you place your order. However, you agree that we may increase the delivery fee if your order requires multiple deliveries, or if the value of your order or quantity or size of the goods to be delivered is such that we reasonably consider that it is appropriate for us to recover (or partially recover) our additional expenses in delivering the goods to you. We will always notify you in advance of any change to the delivery fee, and if you do not wish to continue with your order and pay the amended delivery fee you may cancel your order and receive a full refund.
- Whilst we try to ensure that all the prices on the Site are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.
- 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 by email.
- If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).
- The Order Confirmations will include general information about your order but will not include a delivery date for your goods.
- We will then send you a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that you may use to track your order on our delivery service provider's website and obtain an estimated delivery date.
- Delivery will take place at the delivery address specified by you during the order process, and will be subject to the following conditions:
- the delivery address specified for delivery must be within our pre-defined delivery areas, as listed below. We do not deliver to P.O. boxes;
- although we allow you to specify a different delivery address from your billing address, you are solely responsible for ensuring that we are able to make delivery to this address and that you are available to accept delivery at this address on the delivery date;
- if delivery cannot be made due to the nature of the premises, because there is insufficient access or for any reason that is not within our reasonable control (including your absence at the time of delivery), you agree to pay our reasonable additional fees for storage and redelivery, including an administration fee for re-arranging delivery. We will inform you of the cost of these fees as soon as reasonably practicable, and you will have the option of reconfirming your order including the additional fees, or cancelling your order (except in the case of made to order goods, which cannot be cancelled after the Order Confirmations have been sent). If you cancel your order we will refund the purchase price of the goods, but you agree that we may retain your original delivery fee in compensation for the time and expenses incurred for the failed delivery; and
- once the goods have been delivered to you, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction.
- Countries we ship to are Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland and the United Kingdom.
- Where delivery is being made by parcel courier, delivery will be made only to the point of entry of the delivery address.
- On delivery you will be required to check the condition of the packaging and whether the correct number of packages have been delivered. Missing items will be re-ordered and damaged/incorrect items will be returned and, subject to these Terms of Sale, replaced and delivered free of charge. You must let us know about any damaged, missing and/or incorrect goods within a reasonable period of time after you have had an opportunity to inspect the goods.
PART C – CANCELLING YOUR ORDER AND RETURNING GOODS
We have different return processes for made to order goods and finished goods due to the nature of made to order goods and we have set these out below.
“Made to order” goods
- Cancelling your order. Orders for goods that are produced to your specification cannot be cancelled after the Order Confirmations have been sent to you due to the fact that they have been created specifically for your use and cannot be resold by us.
- Faulty goods. If made to order goods have been delivered and found to be misdescribed, or are damaged or faulty and we cannot remedy the fault to your reasonable satisfaction then these goods can be returned. Please read our Returns Policy for more information about returning the goods.
- Cancelling your order. You may cancel your order for all finished goods at any time up until we accept your order, which is the date that we send you the Shipping Confirmation email, in accordance with PART B of these Terms of Sale. We also offer a 14 day returns period, allowing you to cancel your contract in respect of the goods for up to 14 days after they have been delivered. You can cancel all or part of the contract. You agree to take reasonable care of the goods and to return all unwanted goods to us at your cost. Please read our Returns Policy for more information about our 14 day return period and returning the goods.
- Faulty goods. If you discover that your goods are faulty then you may return them to us. Please read our Returns Policy for more information about our return period and how to return the goods.
PART D – GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
- Oakley (UK) Limited is a limited company incorporated in England and Wales under company number 01310079, with registered office at of Verulam Point, Station Way, St. Albans, Hertfordshire, UK, AL1 5HE. Our VAT number is GB 301 5359 94.
- If you would like more information about us, or want to get in touch with us, please contact us at by visiting www.oakley.com. Alternatively you can speak to an advisor by calling 00800 6255 3985 or you can contact us by e-mail: email@example.com
Our Liability to you
- Our entire liability to you under these Terms of Sale and Additional Policies shall not exceed the price paid for the goods you have purchased through the Site, provided that we take reasonable care when we deliver the goods to you.
- Neither we, nor any of our employees or representatives will be liable to you, whether in contract, tort, statute or otherwise, for any damages, losses, costs, claims, liabilities or expenses of any kind howsoever arising including any indirect or consequential loss, loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation or for any losses that are not reasonably foreseeable by both of us at the time your order is accepted.
- Despite the limitations in paragraphs 2.1 and 2.2 above, we do not in any way limit our liability to you for death, personal injury or fraud.
- Where you buy as a consumer, these Terms of Sale and the Additional Policies will not affect your rights under law which cannot be otherwise excluded.
- Details of your warranty rights in respect of each product type are set out in our Warranty Policy. These warranties are in addition to and do not affect your legal rights as a consumer.
Events Beyond Our Reasonable Control
- We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labour.
- Delay in our exercising or failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
- In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.
Third Party Rights
- Except as expressly agreed in these Terms of Sale, a person who is not a party to this agreement between you and us shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 (the "Act") to enforce any term of this agreement. Any right or remedy of a third party which exists or is available apart from the Act is not affected.
- This agreement is governed and shall be construed in accordance with English law. Any claims or disputes arising out of or in connection with under these Terms of Sale or any of the Additional Policies shall be subject to the exclusive jurisdiction of the courts of England and Wales.