The Legal Stuff
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). Provisions specific to consumers only or to businesses only are specified throughout these terms.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
2. Information about us and how to contact us
2.1 Who we are. We are Ovaeda Limited and we trade under the name Ovaeda. We are a company registered in England and Wales and our company registration number is 12885937 and our registered office is at Europa House, Alford Road, Cranleigh, Surrey, GU6 8NQ.
2.2 How to contact us. You can contact us by: (a) telephoning our customer service team at +44 (0)208 159 2999; (b) writing to us by email at firstname.lastname@example.org; or (c) writing to us at Castlepoint, Castle Way, Castlepark Industrial Estate, Ellon, Aberdeenshire, AB41 9RG.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we issue you with a written order confirmation or we carry out an act consistent with fulfilling the order, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our goods
4.1 Goods may vary slightly from their pictures. Any samples, images, drawings, descriptive matter or advertising on our website, in our catalogue or elsewhere are issued or published for the sole purpose of giving an approximate idea of the goods described or pictured in them. They shall not form part of the contract or have any contractual force.
4.2 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website, in our catalogue or otherwise.
4.3 Making sure your measurements and bespoke requirements are accurate. If we are making the goods to measurements or other bespoke requirements you have given us, you are responsible for ensuring that these measurements and requirements are correct.
5. Your rights to make changes
If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the goods. We may change the good: (a) to reflect changes in relevant laws or regulatory requirements; or (b) to implement minor technical adjustments and improvements.
6.2 More significant changes to the goods and these terms. In addition, if we make significant changes to the goods or these terms, we will notify you and, if you wish, you may then contact us to end the contract before the changes take effect and receive a refund for any goods paid for but not received.
7. Providing the goods
7.1 Delivery costs. The costs of delivery will be as set out in our quotation form or otherwise notified to you during the order process.
7.2 When we will provide the goods. We will deliver the goods to you as soon as reasonably possible. Lead times will be longer for goods that are to be made to your measurements or specifications. Your estimated delivery date will be notified to you during the order process. If you are a business customer then time for delivery is not of the essence and we shall not be liable for any delay in delivery that is caused by an event or circumstances outside of our control or a customer’s failure to provide us with instructions relevant to the order or its delivery.
7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay (being more than 14 days following your original delivery date) you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
7.4 Collection by you. If we have agreed that you can collect the goods from our premises at Castlepoint, Castle Way, Castlepark Industrial Estate, Ellon, Aberdeenshire, AB41 9RG, you can collect them from us at any time during our usual working hours on weekdays (excluding public holidays) once we have notified you that they are ready for collection.
7.5 If you are not at your address when the goods are delivered. If no one is available at your address to take delivery, we will contact you to rearrange delivery.
7.6 If you are repeatedly unable to take delivery. If you do not collect the goods from us as arranged or if you are repeatedly unable to take delivery, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 When you become responsible for the goods. The goods will be your responsibility from the time we deliver them to the address you gave us or you (or a carrier organised by you) collect them from us.
7.8 When you own goods. You own a the goods once we have received payment in full.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to: (a) deal with technical problems or make minor technical changes; (b) update the goods to reflect changes in relevant laws or regulatory requirements; or (c) make changes to the goods as requested by you or notified by us to you (see clause 6).
7.11 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. You may contact us to end the contract for any goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days following your original delivery date and we will refund any sums you have paid in advance for any goods which have not been provided.
7.12 We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 14.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. As well as suspending the goods we can also charge you interest on your overdue payments (see clause 14.7).
8. Your rights to end the contract
8.1 When you can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer: (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business; (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; (c) If you are a consumer and have just changed your mind about the goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; (d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are: (a) we have told you about an upcoming change to the goods or these terms which you do not agree to (see clause 6.2); (b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed; (c) there is a risk that supply of the goods may be significantly delayed (for a period of more than 14 days beyond the original delivery date) because of events outside our control; (d) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days beyond the original delivery date; or (e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most goods you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of: (a) the goods are customised, bespoke, personalised or otherwise made to your specifications; (b) any goods which become mixed inseparably with other items after their delivery; and (c) any other circumstances where the Consumer Contracts Regulations 2013 does not expressly give you the right to cancel.
8.5 How long do consumers have to change their minds? For goods, you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
9. How to end the contract in accordance with these terms and conditions (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: (a) Phone or email. Call customer services on +44 (0)208 159 2999 or email us at email@example.com. Please provide your name, home, details of the order and, where available, your phone number and email address. (b) By post. write to us at Castlepoint, Castle Way, Castlepark Industrial Estate, Ellon, Aberdeenshire, AB41 9RG, including details of what you bought, when you ordered or received it, your order number and your name and address.
9.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at Castlepoint, Castle Way, Castlepark Industrial Estate, Ellon, Aberdeenshire, AB41 9RG or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0)208 159 2999 or email us at firstname.lastname@example.org to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return: (a) if the goods are faulty or misdescribed; or (b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods (including delivery costs if you are a consumer), by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind: (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then: (a) If the goods are to be returned by you, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return any goods to us, see clause 9.2. (b) In cases where we have agreed to collect the goods from you, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods; (c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us; or (d) you take any step or action in connection with bankruptcy, administration, liquidation, winding up or any similar proceeding or your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
11. If there is a problem with the goods
How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at +44 (0)208 159 2999 or write to us at email@example.com.
12. Your rights in respect of defective goods if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
12.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection if you are returning goods because they are not in conformity with this contract. Please call customer services on +44 (0)208 159 2999 or email us at firstname.lastname@example.org to arrange a return or collection.
13. Your rights in respect of defective goods if you are a business
13.1 If you are a business customer we warrant that on delivery any goods shall: (a) conform in all material respects with their description and any relevant specification; and (b) be free from material defects in design, material and workmanship; and (c) be fit for any purpose expressly held out by us.
13.2 Subject to clause 13.3, if: (a) you give us notice in writing within a reasonable time of discovery that goods do not comply with the warranty set out in clause 13.1; (b) we are given a reasonable opportunity of examining such goods; and (c) you return such goods to us at your cost, we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
13.3 We will not be liable for a good's failure to comply with the warranty in clause 13.1 if: (a) you make any further use of such goods after giving a notice in accordance with clause 13.2; (b) the defect arises because you failed to follow either our or the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; (c) the defect arises as a result of us following any drawing, design, specification or instruction given to us by you (or someone else on your behalf); (d) you alter or repair the goods without our written consent; or (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, incorrect use or storage or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you if any goods fail to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement goods supplied by us under clause 13.2.
14. Price and payment
14.1 Where to find the price for the goods. The price of the goods will be the price indicated in our quotation or otherwise notified to you during the order process. The price will be exclusive of VAT unless expressly stated otherwise. Where a supply is taxable for VAT purposes, we will issue you with a VAT invoice and you will be required to pay the VAT chargeable on the supply. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 14.4 for what happens if we discover an error in the price of the goods you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error has occurred, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. When you must pay and how you must pay. You can pay for your goods by debit or credit card using the secure checkout feature on our website. If you are a business customer placing an order outside of our website, you can pay for your goods by bank transfer to our nominated account. You must pay for the goods before we dispatch them and we may charge you for the goods at the time we accept your order or at any time after. If you are a business customer with an existing credit account, you may be able to place your order on your account and receive a credit period of 30 days from the end of the month of order to make payment. If you wish to set up a credit account, please call +44 (0)208 159 2999 to request an account application form. If at any time the payment terms expressly set out in our written quotation differ to the terms set out in these terms and conditions, the terms set out in our written quotation shall prevail.
14.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for breach of your legal rights in relation to the goods as summarised at clause 12.1 and for defective goods to which the Consumer Protection Act 1987 applies.
15.3 We are not liable for business losses. If you are a consumer we only supply the goods to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) defective goods under the Consumer Protection Act 1987; or (e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1: (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (b) our total liability to you in respect of all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to 125% of the aggregate price of the goods supplied by us and paid for by you under the contract.
17. How we may use your personal information
18. Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms and/or any contract made between us to another organisation. If this happens, we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms and/or any contract made between us to another person if we agree to this in writing. However, if you are a consumer you may transfer any guarantee we have provided to a person who has acquired the goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant goods.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this contract illegal or otherwise unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or otherwise unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
What information do we collect?
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We use this information: including the number of site visitors, where visitors found us and pages visited, to improve our site.
If you make an online enquiry or place an order, depending on what is entered we may gather your name, contact information and details of your interest.
What do we use your information for?
When you make an enquiry or place an order, we use collected information in the following ways:
• To provide you with more information on the products requested
• To keep records internally in order to enhance and personalise your experience
• To improve our products and services
• To send periodic emails of product offerings and news you may be interested in (which you can unsubscribe from at any time)
• To occasionally contact you for market research purposes
If you wish, you may restrict the collection or use of your personal information by writing to or emailing us (contact information here).
Do we disclose any information to outside parties?
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
Under the General Data Protection Regulation 2018 (GDPR) you have the right to request a copy of the personal information we hold about you. If you would like a copy of the information we hold on you, please write to or email us (contact information here).
Please also write to or email us if you become aware that any information we hold on you is incorrect or incomplete, so we can correct/update this as soon as possible.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Links to external sites
Our website may contain links to other websites of interest. Other websites are not within our control and therefore, we cannot be held responsible for your protection and privacy once you leave the Ovaeda website.