Terms and Conditions

Welcome to www.OdetteandElliott.com and/or www.OdetteandElliott.co.uk (our “Website(s)”).

By using our Website(s), you accept and agree to be bound by these Terms and Conditions, the Privacy Policy and such other policies we notify you of from time to time, which together constitute the entire agreement between us. Nothing in these Terms and Conditions affects your statutory rights, either as a consumer or otherwise.

These Terms and Conditions govern the sale of goods by us, Odette and Elliott Limited, to you, the customer, through our Website(s), by telephone, email or other means, and will form the basis of any contract of sale between us. Please read them carefully before placing your order as you will be deemed to be bound by them.

Your Account

You may browse our Website(s) without registering. When placing an order, you can choose to do so as a guest or by registering with us.

If you decide to register, please ensure any details you provide us with are true, correct, complete and up-to-date. In particular, you must provide your real name, telephone number, email address, billing address, delivery address and other requested information.

Inform us immediately of any changes to those details. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner. You can access and update your details on our Website(s). Without limiting our rights, we may suspend your access to our Website(s), terminate your account and/or cancel your order(s), in each case, without liability to you if, in our reasonable opinion, such action is necessary to safeguard our Website(s) and/or our business.

The Contract Between Us

All orders placed by you are subject to our acceptance.

We reserve the right at all times and at our sole discretion to refuse to accept an order for any reason and without liability to you or any third party. We reserve the right not to accept your order, for example, in the event that we are unable to obtain authorisation for payment, you do not meet the eligibility criteria, the product is out of stock or withdrawn, or the product is incorrectly priced or incorrectly described. We reserve the right to change at any time and without notice the products offered on our Website(s). Please note that on occasion certain products that are in particularly high demand will sell out during this period. Please note that items in your shopping basket are not reserved and may be purchased by other customers.

Orders may only be placed by individual customers and corporations purchasing goods other than for resale. (Wholesale customers should contact us directly under a separate arrangement.)

Your order is an offer to purchase products from us. Once you have made your choice and placed your order with us, we will email you to acknowledge the details of your order. This email is a confirmation that we have received the order; it is not an acceptance of your order or a proof of purchase.

If we accept your order and payment in full has been received and cleared, we will send you a further email stating that we accept your order; this is the point at which we accept your order and the contract is formed (subject to these Terms and Conditions). The contract is completed when the product(s) has/have been delivered (also subject to these Terms and Conditions).

The contract of sale is concluded in London, England and the language of the contract is English.

All orders for products made by you on our Website(s), by telephone, email or other means are subject to these Terms and Conditions.

Payment

All payments must be made when the order is placed. We will not reserve or despatch products before payment is received. Provided that we have accepted your order, ownership of the products will pass to you once we have received payment in full. We cannot accept cheques or cash as payment online.

When placing an order, you will be required to provide payment details. You represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are authorised to use the credit/debit card whose details you enter. All credit/debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your order. Furthermore, we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We have no responsibility for your bank or card issuer charging you as a result of our processing of your credit/debit card payment in accordance with your order.

Our Website(s) use(s) high-level SSL encryption technology, the most advanced security software currently available for online transactions. You can therefore rest assured that we take the privacy and security of your payment and personal details very seriously. You can tell whether a page is secure as 'https' will replace the 'http' at the front of our Website(s) in your browser address window. A small locked padlock will also appear in the address bar of your browser window.

These services enhance your existing card account against unauthorised use when you shop with us. To use this service, you must first register with the bank or other organisation that issued your card. Once you have registered and created your own private password with your card issuer, you will be prompted automatically at checkout to provide this password each time you make a purchase.

Please note: Your Verified by Visa, Mastercard SecureCode™ or AMEX Safekey password is not your Odette and Elliott Limited account password. We do not have access to your Verified by Visa, Mastercard SecureCode™ or AMEX Safekey password.

Please note that we cannot guarantee the security of data when communicating with us by email. Accordingly, please do not send us payment information by email. For details of the security measures we employ, please read our Privacy Policy. To the maximum extent permitted by law, we accept no liability for any losses caused as a result of unauthorised access to the personal and transactional information you provide us with when placing an order.

In addition to the payment methods mentioned above, payment by bank transfer can also be accepted for telephone orders or orders made in person but please note that the order will not be accepted, nor products reserved, until payment is received.

Prices

Products are invoiced in GBP sterling at the price at the time of your order. Prices displayed on our Website(s) include Value Added Tax (payable if delivery is within the EU) which will be applied at the current rate where applicable. We may change the prices at any time and without notice. If there is an error, we will contact you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to reach you, your order for the incorrectly priced item will be cancelled, and we are not obliged to honour such orders. The delivery charge is an additional cost. Please refer to our Delivery information for full details.

Product Description and Specifications

We have made every effort to ensure that the products displayed on our Website(s) conform to the descriptions and photographs. The colours, specifications, dimensions and descriptions (please note all images are for illustration purposes only) of items on the Website(s) are quoted as accurately as possible. The colours you see will depend on the resolution of your monitor and we cannot therefore guarantee that your monitor's display of any colour will always reflect accurately the colour of the product delivered. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of products displayed on our Website(s) without prior notice.

Privacy Policy

Full details of the information that we collect about you, and how and why we use it are set out in our Privacy Policy, which is here.

In particular, when you place an order, we collect certain personal and transactional information (for example, name, address, email address, credit/debit card details) to process your transaction and to send marketing information about similar goods and services.

We may use information we hold about you for the purposes of responding to your enquiries, fulfilling your order and delivering goods to you, sending marketing communications (in the circumstances set out below), maintaining your online account (where relevant) or preventing and detecting fraud. We may also transfer your data to third parties for the purposes of delivering any goods you have ordered to you, fulfilling orders, analysing and profiling data, processing payments and providing customer service. Where you have purchased or enquired about our goods or services, we may provide you with information about similar goods, services or promotional offers. If you do not wish to receive such information, please inform us at the time that you provide us with your personal data and contact details. You will also be given the option to opt-out of future communications in each electronic communication. Where you have not previously enquired about, or purchased our products or services, we will not send you information about them unless you have consented to receiving it.

Our Privacy Policy does not encompass sites maintained by other companies, affiliate sites or those sites who re-direct to our Website(s). This also relates to sites you access or are re-directed to from our Website(s).

No form of communication over the internet is totally secure. We will always use reasonable endeavours to protect the personal information that you give us but we cannot guarantee security totally and, in placing an order with us, you are acknowledging that you are placing your personal information on the internet at your own risk.

Age Restrictions

We only sell items to adults (i.e. those aged 18 or over). If you are under 18, you may use our Website(s) only with the involvement of a parent or guardian. By placing an order with us, you confirm to us that you are of legal age.

Content and Intellectual Property Rights

www.OdetteandElliott.com and/or www.OdetteandElliott.co.uk, its products and content, as well as the Odette and Elliott trademark (which remains the exclusive property of Odette and Elliott Limited) is protected by international and UK copyright and other intellectual property laws. You are only allowed to use content found on our Website(s) as expressly agreed by us. Any reproduction or redistribution of our intellectual property rights may result in civil and criminal penalties.

In addition to these intellectual property rights, the content (including the graphics, photographs, image rights, sounds, music, audio or text) are, to the best of our knowledge, accurate and complete; however, we cannot promise it is error-free. Nor can we promise that the functions within the site i.e. html, content and functional aspects are error-free. This also relates to viruses and other harmful viruses; we always recommend that you should have an up-to-date and complete virus-checking software to protect yourself.

You also agree that no joint venture, partnership, employment or agency relationship exists between yourself and us. You will not express yourself as our employee, agent or representative and we are not liable for any representation, act or omission on your part.

Returns

We take pride in our products and we hope that you are happy with your purchase.

We are not able to offer an exchange or refund on made-to-order, bespoke and/or personalised items. The vast majority of our products are made-to-order, bespoke and/or personalised.

In respect of products which are not made-to-order, bespoke and/or personalised, if you are not satisfied with your purchase, you can return it to us within 14 days of receipt and we would be happy to offer you an exchange or refund.

We are not able to offer an exchange or refund on items which have been used, marked and/or damaged, items worn next to the body, items with a seal for health protection and hygiene reasons that has been removed or broken, and/or items that are not in their undamaged original packaging.

Returns Procedure

In respect of products which are not made-to-order, bespoke and/or personalised, if you wish to cancel and return your purchase, please contact us by email. You will be given instructions about where to return the products which must be made without undue delay and in any case within 14 days of notifying us.

Products to be returned will only be accepted if they are unused, unmarked and undamaged, with the original protective/hygiene seal/film in place and the original labels/tags attached, in their undamaged original packaging, together with proof of purchase. We will consider the condition of the products being returned when making a refund. We recommend that you use a recorded delivery service.

When the product has been received and checked, a refund for the product will be issued within 14 days of receipt by us of the product; this may mean that you will be contacted for repayment details. If the order has been paid for by use of a credit/debit card, the refund can only be made to the credit/debit card used. Please note that in circumstances where you wish to return or exchange your order for personal reasons including a change of heart, you will be responsible for any delivery charges relating to the return or exchange.

Your statutory rights regarding damaged, defective or incorrect goods are not affected by this.

Items Damaged in Transit, Defective and/or Incorrect

Once a product has been received by you, all risk of damage to or loss of the product will pass to you.

However, if you take delivery of a package from us and the products being delivered to you have been damaged in transit (i.e. the damage has not been caused by you or by the use of the product) or are faulty (i.e. defective, does not match the description given), we will at your option exchange, repair these items without charge to you or, within 14 days of receipt by us of the product, provide you with a full refund.

Please note that the measurements given for each product are in the European measurement of centimetres; due to the handmade nature of many of the products, sometimes measurements may vary slightly.

Please note that products that are damaged as a result of normal wear and tear are not considered to be faulty. We will check the products on their return. We may request photos of the damage and packaging in order to enable us to investigate the matter with our courier and packing facility.

In such circumstances, please email us the details and you will be provided with instructions. It is your responsibility to ensure that the products are adequately wrapped when being returned to us. All products should be returned together with proof of purchase.

Delivery to United Kingdom Addresses

For full information of our delivery services and charges, please consult our Website(s). We make every effort to despatch products on time. If the items are not delivered within the time period we have indicated, please contact us.

All deliveries must be signed for and are to an address (which must be correct) with a named individual. Orders will be sent to the delivery address you have provided to us. We cannot be held responsible if that delivery address is incorrect. Please note that we cannot deliver to PO boxes. If a signed delivery at that address is not possible, a card will be left saying that delivery was attempted and stating where the products will be held and the options available for delivery to be re-attempted or collection. If the delivery subsequently still fails or the delivery is refused by the recipient, then the products will be returned to our studio and you will be contacted for instructions of where the products should be delivered. Refunds will not be available in these circumstances. If, at your request, the returned products are to be delivered again to an address that you specify, you will be liable for additional costs.

Delivery times may vary according to availability and/or the time it takes to make the relevant product. Any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure (e.g. weather) for which we will not be responsible. Any new delivery charges incurred due to such circumstances will be passed on to the customer.

Delivery outside the United Kingdom; Customs Duties

These are made subject to customs inspections and delays.

The products specified on our Website(s) are suitable and approved for use for customers within the United Kingdom (excluding Channel Islands and Isle of Man). Customers who choose to purchase products for usage and distribution to locations outside the United Kingdom do so at their own risk and have a personal responsibility regarding compliance with local laws.

Products for delivery outside the United Kingdom may be subject to import duties, taxes and fees. These are levied once the products reach the specified destination. You, the customer, are responsible for import duties, taxes and fees incurred on your purchases. Customs authorities may request personal information when inspecting your parcel; failure to provide this information will result in the parcel being returned, we therefore recommend that the recipient’s telephone details be included with the order. In this instance, we are unable to refund the cost of postage and packaging. Please note that for products you order, you are considered the importer and must comply with all laws and regulations of the country in which the products are to be delivered. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. We cannot guarantee that your products will arrive in the same condition that they were dispatched should they be subject to inspection.

Limitation of Liability

To the maximum extent permitted by law, we accept no liability and shall not be responsible for any loss or damage, whether foreseeable or otherwise, including direct, indirect, consequential, special or exemplary damages however they may arise.

Events beyond Our Reasonable Control

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

Alterations to our Website(s) and Terms and Conditions

We reserve the right at any time to make changes to these Terms and Conditions, our Privacy Policy and such other policies/terms as we may notify you of. You will be subject to the terms and conditions and policies in force at the time you use our Website(s) or place an order through our Website(s), by telephone, email or other means. We may transfer our rights and obligations under these terms to another organisation. However, you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.

Compensation

You agree to compensate us fully, defend us and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors and suppliers from and against all liabilities, claims, expenses, damages and losses including legal fees, arising from any breach of the Terms and Conditions by you including the use by any other persons accessing our Website(s) using your account caused by your action or inaction.

No Waiver

If you breach these Terms and Conditions and we take no action, we will nevertheless remain entitled to exercise our rights and remedies subsequently and/or in other situations where you are in breach.

Governing Law and Jurisdiction

These Terms and Conditions and our Privacy Policy are governed by and construed in accordance with the laws of England and are under the exclusive jurisdiction of the English courts.

Our Details

Odette & Elliott is a trading name of Odette and Elliott Limited.
Registered in England: 10022166