These Terms of Sale govern your purchase of product(s) on www.olukai.co.uk (the "Website"). You are asked to agree to these Terms of Sale when you purchase one or more products on the Website.
Please read these Terms of Sale carefully before you submit your order with us. These Terms of Sale tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. We draw your attention, in particular, to the limits on our liability in paragraph 7.
1. Who we are
1.1 We are OluKai Limited ("OluKai", "we", "us", "our") a company registered in England and Wales. Our registered office address is located at Centrum House, 36 Station Road, Egham, Surrey, United Kingdom, TW20 9LF and our company number is (07238253). We own and operate the Website.
1.2 Our registered VAT number is: 438661862.
1.3 The expressions "you" and "your" refer to each and every individual who accesses or uses the Website.
1.4 If you have any questions about these Terms of Sale or if you have any questions or complaints about your order with us, you can contact us at info@olukai.co.uk, or live chat with us. You can also write to us at the address set out at 1.1 above.
2. Ordering
2.1 We reserve the right to decline to trade with any person. Our acceptance of your order will take place when we email you to accept and confirm your order, at which point a contract will come into existence between us. Orders for in-stock products are generally processed and shipped within 5 (five) business days (Monday-Friday). If a product is currently out-of-stock, we will make every effort to identify that on the Website.
2.2 In the unlikely event that an item you order is out of stock or there are other issues with the order such as:
(a) errors in the price (please see paragraph 12 for further information);
(b) we have identified an error in the description or price of the product; or
(c) we are unable to meet a delivery deadline you have specified,
we will contact you and you will have the option to either place an updated order or cancel the entire order without charge.
2.3 The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display accurate images of the products, your product may vary slightly from those images.
3. Contacting you
If we have to contact you we will usually write to you at the e-mail address you provided to us in your order. Alternatively, we may contact you by telephone or post.
4. Payment Methods
4.1 We currently accept Mastercard, Visa, America Express, Discover, PayPal and Apple. You must pay for the products before we dispatch them for shipping.
4.2 If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we may cancel our contract with you. Please see paragraph 14 for more information.
4.3 If you wish to purchase any product made available through the Website, you may be asked to supply certain information relevant to your transaction, including without limitation your name, credit card number, the expiration date of your credit card, your billing address, and your shipping information.
4.4 You must have the legal right to use any credit or debit card(s) used in connection with any transaction. Verification of information may be required prior to the acknowledgment or completion of any transaction. Please see our Privacy Policy for further information about how we collect, use and protect your personal information.
5. Promotional Offers
We may, at our discretion, occasionally offer discounts and discount codes. While the terms and conditions for each promotion will vary, most of our offers last for a limited time until a specified closing date, and have associated promotional codes that can only be used once per customer and cannot be combined with other offers. Promotional shipping offers will only apply to orders that meet the particular promotional requirements. Generally, shipping promotions will only apply to standard shipping, unless otherwise noted. If there is any inconsistency between the discount code terms and conditions and these Terms of Sale, the discount code terms and conditions shall prevail.
6. Shipping
6.1 Orders from this Website will only be shipped and delivered to addresses located within the United Kingdom. It is your responsibility to provide us with a safe and correct shipping address. Once your order leaves our facility, you can expect your delivery within 5 (five) – 7 (seven) business days. A shipment confirmation containing the tracking number will be emailed to you when your order ships. If you have a customer portal account, you can also monitor your orders through this account.
6.2 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company named in the dispatch e-mail to arrange re-delivery. If nobody is available to receive the products, we will use reasonable efforts to follow any special delivery instructions you have provided.
6.3 You own a product once we have received the payment in full, including all applicable delivery charges.
6.4 If our supply of the products is delayed by an event outside our control (including acts of God, flood, drought, earthquake, or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, any law or action taken by a government or public authority, and collapse of buildings, fire, explosion or accident) 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. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7. Limits on our liability
7.1 If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Sale or our failing to use reasonable care and skill, 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.
7.2 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 fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products (please see paragraph 15 for more information on your legal rights).
7.3 We only supply the products for domestic and private use. Any commercial use or resale of the products by you is strictly prohibited. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8. Cancellations
8.1 Your rights when you end a contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) if you've already placed an order with us but you've changed your mind, see paragraph 9;
(b) if you want to cancel your order with us because of something we have done or have told you we are going to do, see paragraph 10;
(c) if what you have bought is damaged or misdescribed, you may have a right to end the contract (or to get the product replaced or to get some or all of your money back), see paragraph 15 for more information.
9. Cancelling: if you change your mind
9.1 You have the right to cancel your contract with us for the period starting from when the contract between us was formed (i.e. when we email you to accept and confirm your order). You then have a period during which you may cancel the contract, and that period continues until the end of 14 (fourteen) days starting from the day you receive your product(s). However, for health protection and hygiene reasons you have no right to change your mind for any individual product(s) that have been opened or unsealed.
9.2 To cancel your contract with us, please contact us in writing by sending an email to info@olukai.co.uk. You may use the model cancellation form provided at the end of these Terms of Sale, but it is not mandatory. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent it to us, as long as you sent it during the cancellation period.
9.3 If you exercise your right to cancel, you will receive a refund of the price you paid for the products including the delivery charge. We will process the refund due to you as soon as possible and, in any case within 14 (fourteen) days from the day we receive the products back, or you provide evidence that you have returned them. We will make the refund using the same means of payment as you used for the initial purchase, unless you expressly agree otherwise, and you will not incur any fees for receiving that refund.
9.4 Returnable products must be returned in their original condition (together with all packaging), and show no signs of use or damage. We may deduct the loss in value of any products, if that's caused by your unnecessary handling of them.
10. Cancelling: if you want the contract to end because of something we have done or told you
10.1 If you are ending a contract for a reason set out at paragraph 10.1 (a) to (c) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control (see paragraph 6.4 for more information); or
(c) we have suspended supply of the products due to technical reasons or changes in law and/or regulatory requirements, or notify you we are going to suspend them for those same reasons (see paragraph 13 for more information).
10.2 Please contact us to arrange a refund, quoting the relevant reason above.
11. Managing returns
11.1 All returns are at your own risk. If you are returning products because you have changed your mind, you must pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed.
11.2 Please ensure all returns:
(a) enclose the form received with your order;
(b) package the product(s) securely;
(c) are sent to the following address:
VYPER INDUSTRIES
Unit 92, The Grid
92 Lockfield Avenue
Enflied, UK EN37PY
12. Prices
12.1 All prices shown on the Website are in Pound Sterling (GBP). The price of a product (which includes VAT) will be the price indicated on the order pages when you placed your order.
12.2 We take all reasonable care to ensure that the price of a product advised to you is correct. However, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's 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 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 in writing.
12.3 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13. Suspension of supply
13.1 We may have to suspend the supply of a product to reflect any changes in relevant laws and regulatory requirements, or for technical reasons. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.
14. How we may end the contract
14.1 We may end a contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(b) you do not, within a reasonable time, allow us to deliver the products to you.
14.2 If we end the contract in the situations set out in paragraph 14.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
15. Your rights
15.1 Nothing in these terms will affect your legal rights.
The following is a summary of your key legal rights in relation to the products.
Your legal rights say that products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) up to 30 (thirty) days: if your products are damaged, then you can get an immediate refund.
(b) up to 6 (six) months: if your products can't be replaced, then you're entitled to a full refund, in most cases.
15.2 If you wish to exercise your legal rights under paragraph 15.1 to reject products, you must post them back to us. We will pay the costs of postage if the products are faulty. Please email us at info@olukai.co.uk to arrange this.
16. Other important terms
16.1 You may only transfer rights or obligations under a contract and these Terms of Sale to another person if we agree to this in writing. We however, are free to transfer our obligations under a contract or these Terms of Sale to another person, without your consent, as long as it does not affect your rights under them.
16.2 These Terms of Sale are between you and us. No other person shall have any rights to enforce them. Neither of us will need to get the agreement of any other person in order to end a contract or make any changes to these Terms of Sale.
16.3 If any part of these Terms of Sale is held to be invalid, unenforceable or illegal for any reason, the rest will continue in force. Each paragraph of these terms operates separately.
16.4 If we do not insist immediately that you do anything you are required to do under these Terms of Sale or if we delay in taking steps against you in respect of your breaking them, 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.
16.5 These Terms of Sale, their subject matter and its formation, are governed by the law of England and Wales. However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms of Sale affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.
16.6 You and we both agree that the courts of your local jurisdiction will have exclusive jurisdiction. This means that if you live in England you and we submit to the exclusive jurisdiction of the English courts and if you live elsewhere in the UK or EU, you and we submit to the exclusive jurisdiction of the courts in the country in which you live.
17. Changes to these Terms of Sale
17.1 We may revise these Terms of Sale at any time to reflect changes in or to:
(a) relevant laws or regulatory requirements;
(b) security, technical or operational issues; or
(c) our products.
If we have your e-mail address, we may also decide to email you with information on those changes.
Terms of Sale launched: August 2023
Terms of Sale last updated: September 2023
