Terms and Conditions
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 before you submit your order to us. 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.
2. Information About Us and How to Contact Us
2.1 Who we are. We are Offberry Retail Limited a company registered in England and Wales.
2.2 How to contact us. You can contact us by emailing our customer service team at info@ofberry.com. We endeavour to respond to your query with 48hrs of receiving your email.
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 email you to accept it, 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, we will inform you of this in writing 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 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.
3.4 We operate from the UK. Our website has been designed for the promotion and sale of our goods in the UK. We may, at our discretion, accept orders and ship to most countries worldwide but this site and its conditions are governed in accordance with English law. Please note that Offberry Retail is not responsible for any applicable fees or taxes which might be incurred by you in importing our goods into your destination country. Offberry Retail cannot estimate nor advise on these fees or taxes, which can fluctuate or change at any time and we therefore recommend that you contact your local authority for information about import charges.
4. Our Goods
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images. Promotional discount codes may or may not work with products that are on sale.
4.2 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.
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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see condition 8 – Your rights to end the contract).
6. Our Rights to Make Changes
Minor changes to the goods and these terms. We may change the goods and these terms to reflect changes in relevant laws and regulatory requirements.
7. Providing The Goods
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the goods. During the order process, we will let you know when we will provide the goods to you. We will deliver the goods to you as soon as reasonably possible and in any event, within 30 days after the day on which we accept your order.
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. 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 goods you have paid for but not received.
7.4 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, goods may be left in a safe place or at a nearby address at the discretion of our chosen couriers. If your order is marked as delivered, we ask that you check with other members of your household and with close by neighbours before contacting us. In most non-delivery cases, the courier will either reattempt at their earliest convenience or leave a card with instruction on how to proceed with the delivery.
7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we, or the courier, will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract, and condition 10.1 will apply.
7.6 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us.
7.7 When you own goods. You own the goods once we have received payment in full.
8. Your Rights to End the Contract
8.1 You can always 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 and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get some or all of your money back), see condition 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see condition 8.2;
(c) If you have just changed your mind about the goods, see condition 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.
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 (c) below the contract will end immediately, and we will refund you in full for any goods 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 goods you have ordered, and you do not wish to proceed;
(b) there is a risk that supply of the goods may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see condition 7.2).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online, 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 Consumer Contracts Regulations 2013 Offberry Retail comply with the legal rights under the Consumer Contracts Regulations in the ways set out below.
14 day period to change your mind.
Consumer to pay costs of return.
This does not affect your legal rights in relation to faulty or misdescribed goods (see condition 11.2):
8.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Socks and underwear that have been removed from their packaging, even if not worn or tried on.
(b) Any goods which become mixed inseparably with other items after their delivery.
8.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. As you have bought goods, you have 28 days after the day you (or someone you nominate) receives the goods to send goods back to us, unless your goods are split into several deliveries over different days. In this case, you have 28 days after the day you (or someone you nominate) receives the last delivery to change your mind about and return the goods.
9. How To End The Contract With Us (Including If You Have Changed Your 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) Email us at info@offberry.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Complete the form enclosed in your parcel and post it, with the goods back to us at the address on the form.
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 complete the form enclosed in your parcel and post it, with the goods back to us at the address on the form.
If you are 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.
It is the responsibility of the customer to return the goods at their own cost, using a courier of their choice. We recommend using a tracked signed for service. The goods are the customers responsibility until signed for at our warehouse.
9.4 How we will refund you. We will refund you the price you paid for the goods including delivery costs where applicable, by the method you used for payment. However, we may make deductions from the price, as described below. We do not refund the original cost of shipping.
9.5 Deductions from refunds if you are 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.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) Your refund will be made within 14 working 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 goods to us, see condition 9.2.
(b) In all other cases, 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 ten 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, for example, valid delivery address details; or
(c) you do not, within a reasonable time, allow us to deliver the goods to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in condition 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 at least seven days 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
11.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can email us at info@offberry.com.
11.2 Your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods, you must post them back to us with the accompanying paperwork the goods were sent with.
12. Price and Payment
12.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see condition 12.3 for what happens if we discover an error in the price of the goods you order.
12.2 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.
12.3 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 goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ 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 is obvious and unmistakable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with Visa, Visa Debit, MasterCard, Solo and Maestro. We also accept PayPal. You must pay for the goods before we dispatch them.
12.5 Discounts and Promotions. From time to time, we will run promotional offers, sales, flash promotional events and issue discount codes. We will do our utmost to explain the terms of such offers at the time of issue, though please be aware that any terms noted may not be exhaustive. Please contact us for further information on specific offers. In general, discounts and promotions cannot be used in conjunction with another offer.
13. Our Responsibility For Loss Or Damage Suffered By You
13.1 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. 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.
13.2 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; for breach of your legal rights in relation to the goods.
13.3 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods 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.
14. How We May Use Your Personal Information
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the goods to you;
(b) to process your payment for the goods; and
(c) if you agreed to this during the order process, to give you information about similar goods that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so. We will not sell your information to third parties.
15. Other Important Terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
15.2 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 to another person if we agree to this in writing. However, you may transfer our guarantee at condition 8.4 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 item or property.
15.3 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, except as explained in condition 15.12 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 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. For example, if you miss a payment and we do not chase you, but we continue to provide the goods, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. 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.