Terms of Sale
Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you are entitled to the following:
up to 30 days: if your goods are faulty, you can get a refund;
up to six months: if it cannot be repaired or replaced, then you are entitled to a full refund in most cases;
up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information immediately above summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
In this contract:
• ‘We’, ‘us’ or ‘our’ means F For Freddie Limited trading as Otway & Orford. Our registered office is at: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom; and
• ‘You’ or ‘your’ means the person using our site to buy goods from us.
If you do not understand any of this contract and want to talk to us about it, please contact us by sending an email to info@otwayorford.co.uk or write to us at F For Freddie Limited, 14 Fullerton Road, London, SW18 1BX, United Kingdom.
Do you need extra help?
If you would like this contract in another format (e.g. audio, large print, braille) please contact us using the contact details at the top of this page.
1 Introduction
1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any goods you also agree to be legally bound by:
1.3.1 our website terms and conditions and any documents referred to in them;
1.3.2 extra terms which may add to, or replace some of, this contract. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply; and
1.3.3 specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.
All of the above documents form part of this contract as though set out in full here.
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 read the acknowledgement email (see clause 4.3); or
2.1.2 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
2.4 While we use reasonable efforts to include accurate and up-to-date information on the site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the site is at your own risk. Nothing shall operate to prejudice any mandatory statutory requirement or your statutory rights.
3 Your privacy and personal information
3.1 Our Privacy Policy is available at Privacy Policy.
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4 Ordering goods from us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an order on the site by going through our online checkout process. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
4.3 When you place your order at the end of the online checkout process (e.g. when you click on the ‘Pay Now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.4.1 the goods are unavailable;
4.4.2 we cannot authorise your payment;
4.4.3 you are not allowed to buy the goods from us;
4.4.4 we are not allowed to sell the goods to you;
4.4.5 you have ordered too many goods; or
4.4.6 there has been a mistake on the pricing or description of the goods.
4.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.5.1 a legally binding contract will be in place between you and us; and
4.5.2 we will dispatch the goods to you.
4.6 If you are under the age of 18 you may not buy any goods from the site and you must always use your own card or PayPal details.
4.7 We may undertake a pre-authorisation check on your bank or PayPal account to check that there are sufficient funds for the purchase.
4.8 Where delivery is outside of the UK, you may be liable to pay customs related charges such as tax, duty or clearance/brokerage costs once the products reach your country as all goods and services on this website are provided Delivery Duties Unpaid (DDU). Please contact your local customs office for further information. An Otway & Orford pocket square meets EU criteria of being a product of the United Kingdom. Please also note that products delivered outside of the UK may be inspected by the local customs office. We are unable to take responsibility for paying any customs related charges such as taxes, duties or clearance/brokerage charges or advise on them.
5 Right to cancel
5.1 You have the right to cancel this contract within 14 days without giving any reason.
5.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email) using the contact details at the top of this contract. You may use the model cancellation form at the bottom of these terms, but it is not obligatory.
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6 Effects of cancellation
6.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you and we also will not refund any gift wrapping charges.
6.3 We will make the reimbursement without undue delay, and not later than:
6.3.1 14 days after the day we received back from you any goods supplied; or
6.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
6.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
6.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is the earliest.
6.6 If you have received goods:
6.6.1 you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
6.6.2 you will have to bear the direct cost of returning the goods; and
6.6.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7 Delivery
7.1 We use service providers such as DHL, DPD and the Royal Mail to deliver our goods. If you want to see your delivery options, visit Delivery Services before you place your order.
7.2 The Delivery Email will provide you with a tracking number and courier name. You can use these details to track your estimated delivery date for the delivery of the goods.
7.3 If something happens which:
7.3.1 is outside of our control; and
7.3.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
7.4 Delivery of the goods will take place when we deliver them to the address that you gave to us.
7.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
7.5.1 let you know;
7.5.2 cancel your order; and
7.5.3 give you a refund.
7.6 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
8 Payment
8.1 We accept all major credit cards and debit cards via Shopify Payments, PayPal, Shop Pay, and G Pay. We do not accept cash.
8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.3 Your credit card or debit card will only be charged when you click the ‘Pay Now’ button.
8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
8.5 If your payment is not received by us and you have already received the goods, you:
8.5.1 must pay for such goods within 30 days; or
8.5.2 must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
8.6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
8.7 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period under clauses 5 and 6.
8.8 The price of the goods:
8.8.1 is in pounds sterling (£)(GBP);
8.8.2 includes VAT at the applicable rate (if applicable); and
8.8.3 does not include the cost of delivering the goods (if you want delivery options and costs, visit Delivery Services before you place your order).
9 Nature of the goods
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
9.1.1 are of satisfactory quality;
9.1.2 are fit for purpose; and
9.1.3 match the description, sample or model.
9.2 We must provide you with goods that comply with your legal rights.
9.3 The packaging of the goods may be different from that shown on the site.
9.4 While we try to make sure that:
9.4.1 All designs, weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance in such designs, weights, sizes and measurements in our goods however these tolerances will be immaterial and not substantial; and
9.4.2 the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
9.5 Any goods sold:
9.5.1 at discount prices;
9.5.2 as remnants; or
9.5.3 as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
9.6 If we cannot supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
9.6.1 we will let you know if we intend to do this but this may not always be possible; and
9.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
10 Faulty goods
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
10.1.1 visit our webpage or Returns Policy;
10.1.2 contact us using the contact details at the top of this page; or
10.1.3 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.3 Please contact us using the contact details at the top of this page, if you want:
10.3.1 us to repair the goods;
10.3.2 us to replace the goods;
10.3.3 a price reduction; or
10.3.4 to reject the goods and get a refund for both the goods and delivery.
11 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12 Limit on our responsibility to you
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) that were not caused by any breach on our part;
12.1.2 business losses; and
12.1.3 losses to non-consumers.
13 Disputes
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with:
13.2.1 the goods;
13.2.2 our service to you; or
13.2.3 any other matter,
please contact us as soon as possible.
13.3 If you want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this contract.
13.4 The laws of England and Wales will apply to this contract.
14 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
Model cancellation form
To: F For Freddie Limited trading as Otway & Orford, 14 Fullerton Road, London, SW18 1BX, United Kingdom, info@otwayorford.co.uk
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate