Our Terms & Conditions
The definitions in this clause apply in the terms and conditions set out in this document:
Force Majeure Event: shall have the meaning given in clause 11.
- Goods: the products that we are selling to you as set out in the
- Order. Order: your order for the Goods as set out on the order confirmation.
- Order Confirmation: the confirmation e-mail which will be sent to you after your Order has been received.
- Terms: the terms and conditions set out in this document.
- Writing: or written does not include faxes.
Headings do not affect the interpretation of these terms.
Basis Of Sale
By purchasing Goods via our website you are agreeing to be bound by these Terms. Therefore, you should consider the Terms set out below carefully and confirm your acceptance of them before proceeding to submit your Order. We are free to accept or decline your Order at our absolute discretion.
Any descriptions, advertising or illustrations on our website are solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
Description Of Goods
The description of the Goods will be as specified on the order submission form and on the Order Confirmation.
It is your responsibility to check that the Goods are what you intended to order.
We take payment from your card at the time we receive your order, once we have checked your payment has gone through and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods or an alternative of the same value
Title And Risk
The Goods will be your responsibility from the time of delivery.
Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges if applicable.
Price And Payment
The price of the Goods will be as set out on the Order Confirmation.
These prices include VAT which will only be charge on Orders made in the UK or the European Union at the rate chargeable at the time your Order is submitted.
Payment for all Goods must be made in full at the time of submitting your Order. All prices and charges on this website are in pound sterling only.
Limitation Of Liability
Subject to clause
if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
- loss of income or revenue;
- loss of business;
- loss of anticipated savings;
- loss of data; or
- any waste of time. However, this clause shall not prevent claims for foreseeable loss of, or damage to, your physical property.
This clause does not include or limit in any way our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation; or
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
- any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to OWO Living 72 Lombard Street, Birmingham, B12 0QR, email:email@example.com , telephone: 0121 285 0718 . We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts