Terms & Conditions
- 1 Introduction
- 2 Use of the Website
- 3 Registering, placing an order
- 4 Description of Products and Accuracy of Information
- 5 Passing of Property
- 6 Risk
- 7 Acceptance
- 8 Cancellations and Returns Procedures
- 9 Complaints
- 10 Samples
- 11 Intellectual Property
- 12 Limited Licence
- 13 Use of Images
- 14 Third Party Links
- 15 Submissions
- 16 Representations and Warranties and Limitation of Liability
- 17 Indemnity
- 18 Disputes
- 19 General
- 20 Governing Law and Jurisdiction
1 IntroductionWelcome to the othercriteria.com website (the “Website”). Other Criteria Limited (“Other Criteria”, “we”, “us” or “our”) provides the products and services available on the Website. Your use of this Website is governed by the Terms and Conditions set out below. By using any part of this Website, completing your registration with us and/or placing an order on the Website you agree to be bound by the Terms and Conditions which form a contract between you and us.
3 Placing an orderYou place your order request for products from the Website by clicking on the confirm order button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the Website. If you create a personal user account, your address data will be saved for future purchase orders. Once you have placed your order, we will send to you an acknowledgement by email providing you with a customer order number and the value of your order which has been debited to your credit/debit card. This is not an order confirmation or order acceptance from Other Criteria. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have despatched the products ordered by you. We will also send you a separate email following the despatch email which acts as a VAT invoice and receipt. Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email. From our acceptance of your order, please allow 28 days for delivery (although delivery of personalised items such as framed prints may take longer (see Delivery section here)). If delivery is delayed by any event outside our control, we will contact you as soon as possible to let you know. Provided we do this, we will not be liable for delays caused by the event. If you do require any information regarding your order(s) please email email@example.com. We may choose not to accept your order for any reason whatsoever, including if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time prior to our acceptance of your order. If we do not accept your order following our order acknowledgement, we will contact you by email, post or telephone advising you of this. In such cases, we will refund to you any amounts already paid by you.
4 Description of Products and Accuracy of InformationWe have a legal duty to supply products that are in conformity with this contract. We will take all reasonable care to ensure that all details, descriptions, depictions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions, depictions and availability appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. In particular, please note that colours as they appear on-screen may not be representative of the colours as they actually appear on products. To the extent permitted by applicable law, we do not warrant that product descriptions, depictions, colours, availability details or other content available on the Website are accurate, complete, reliable, current, or error-free. We cannot confirm the price or availability of a product until your order is accepted in accordance with our order acceptance policy set out above. Price is subject to increments without notice as the edition sells through.
5 Passing of PropertyWe will retain the legal ownership of the products until full payment has been made by you, such payment has been received by us and we have accepted your order. Legal ownership of the products will immediately revert to us if we refund any such payment to you.
6 RiskRisk in the products will pass to you on delivery to you.
7 AcceptanceUpon delivery of the products by us you must inspect the products and you will be deemed to have accepted the products unless you notify us that you have cancelled the order and you return the products (if applicable) in accordance with the Cancellation and Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection by you of the products at a later date. If when an order is received you do not receive the entire order as detailed in the order confirmation email sent to you, please email firstname.lastname@example.org. Your statutory rights are not affected.
8 Cancellations and Returns ProceduresPlease note that if, for any reason, you wish to cancel your order and/or return a product purchased from us you may do so at any time prior to delivery of your order or within 14 days after delivery having been made (starting with and including the day after you receive the products). To exercise this right you must give us notice by email before the end of the 14 day period and you must return the products to us in accordance with the steps for return set out below. Your cancellation right applies to any products you order from us, except for personalised products (such as prints framed to your specification) and any digital items, for which the right will apply only where there is a material error on our part or a product is damaged or defective.
Please note, all signed books are non-returnable and non-refundable.Should you wish to cancel your order before it has been despatched, please email email@example.com providing your customer order number and the date on which your order was placed. You may also use the cancellation form here, but it is not obligatory. We will process any applicable refund in these circumstances as soon as we are able. Orders are generally processed immediately (although please do allow 28 days for delivery once we have accepted your order, as referred to above) so we may have already prepared your order and arranged for it to be despatched (if it has not already been despatched) by the time we receive notice of your intention to cancel. As a result, we may not be able to stop the order from being sent to you. If this is the case, once you receive the products you will have to return them to us in accordance with the following returns procedure, which also applies generally to products which you have received and you would like to return: Returns - Step 1. Email firstname.lastname@example.org within the above time limits providing full details of the customer order number and the products to be returned. We will then email you with a returns number and Returns Form. Any notice given by you after the time limit shall not be effective to entitle you to return your products or receive a refund. Please note that we cannot accept returned products which have been personalised, unless there is a material error on our part or the product is damaged or defective, or which we reasonably believe have been used. Returns - Step 2. Once you have contacted us and have received a returns number, please complete the Returns Form we have provided, including a brief description of the products being returned, original customer order number and returns number. Please retain the Customer Copy of the Returns Form for your records. Returns - Step 3. Return the products, properly and securely packaged, to the following address by recorded delivery within 14 days of cancellation: Other Criteria Ltd, Units 4 & 5, Cotswold Buildings, Barnwood Road, Corinium Avenue, Gloucester GL4 3HX You must take reasonable care to ensure returned products are received by us and are not damaged in transit, bearing in mind the nature and value of the product. Other Criteria accepts no liability if you return products by any method other than a recorded delivery method (one that requires a signature upon receipt). In any event, Other Criteria accepts no liability in respect of returned products unless and until such returned products have been received by us in their original condition and in their original packaging, and which we reasonably believe have not been used. Please make sure that the returned package is properly secured, that you have enclosed the necessary Returns Form and the original despatch note which was included in the delivery to you. You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the products by recorded delivery. This will be required by us only in the unlikely event that the products are not successfully returned despite being sent by recorded delivery. Returns - Step 4. You are entitled to reject the products if there is a material error on our part or because any product is damaged or defective and we will refund you: the price you paid for the products which you have returned to us (inclusive of the initial standard delivery charge, or if part of a larger order, the standard per item delivery charge); and the return recorded delivery costs for the return carriage of the product from the original delivery point to Other Criteria (provided that you enclose a valid till receipt indicating such return recorded delivery costs). In all other instances, if you return products in accordance with our above returns procedures then we will refund you the price you paid for the products that you have returned to us (inclusive of the initial standard delivery charge, or if part of a larger order, the standard per item delivery charge), but we will not refund the return recorded delivery costs for the return carriage of the products to our Returns Department. Please note that we cannot accept returned products that are not in their original condition and in their original packaging, or which we reasonably believe have been used. In such circumstances, no refund will be available, and you will be responsible for arranging for such products to be returned to you within 28 days of our notification to you that we will not process a refund in respect of such products. Returns - Step 5 We will process the applicable refund and notify you by email when your refund has been processed. We will so process the returned products and any applicable refund within 14 days after the day on which we receive the returned products or (if earlier) the day on which you provide us with evidence of your having sent the products back in accordance with these Terms and Conditions. Other Criteria will not be liable for any damage whatsoever to the returned products occurring prior to their being received by us. We may make deductions from the refund due to you for any loss which is the result of unnecessary handling by you. If we make the refund to you before we are able to inspect the goods and later discover that you have handled them unnecessarily, you must pay us an appropriate amount. We will refund any such applicable refund by crediting your credit/debit card (as applicable). If you cancel your order but do not return such products to us within 21 days we shall be entitled to recover such products from you and to charge you for the direct costs of recovering such products. You should note that these charges (which may be deducted from any refund) could be greater than the cost of you returning the products to us and may exceed the price you have paid for the products. Until such products are returned to us, you are obliged to exercise all reasonable care to store the products safely and in appropriate conditions. Your statutory rights remain unaffected by our Cancellation and Returns Procedures.