Ts & Cs

1. Introduction

This Agreement is a legal document which sets out your rights and obligations in relation to this site (the “Orla Kiely site“) and the products offered by us through it (“Orla Kiely Products”).

You must take the time to read and understand this Agreement before using the Orla Kiely site or making a purchase of an Orla Kiely Product; you accept that you are entering into a contract with us on the terms of this Agreement.

You should be aware that this Agreement may change from time to time in accordance with Clause 12 below.

If you have queries relating to this Agreement, then before placing an order for an Orla Kiely Product, please email our customer service team at customerservice@orlakiely.com

Please note that we reserve the right to withdraw the Orla Kiely site from time to time to enhance the site’s functionality and performance.

 

2. Orla Kiely Product Details

Orla Kiely Products are subject to availability. We endeavour to ensure our stock systems are accurate at all times, but if on the rare occasion an Orla Kiely Product is found to be out of stock at the time we pick your order, we will inform you, and you will be immediately refunded.

At Orla Kiely, we endeavour to display the true colours of Orla Kiely Products as accurately as we reasonably can.  However, we cannot guarantee that the colour of an Orla Kiely Product as delivered will replicate how it appeared to you on-screen; in part, this is dependent upon your computer’s display monitor, and how you perceive colour.

All sizes and measurements concerning Orla Kiely Products are as accurate as we can reasonably make them.

We continually update the Orla Kiely site, and regularly have offers and promotions which are not available in our other stockists.

 

3. Delivery

We aim to send out Orla Kiely Products on the working day after we receive an order, or (if an order is received by noon London time) on the day we receive the order; however, this is not guaranteed.

We will contact you if there is an excessive delay with the despatch of your Orla Kiely Products.

Unless otherwise stated, we use DPD couriers for the delivery of Orla Kiely Products

All deliveries to a UK address will be on a standard next working day delivery service (e.g. Monday to Friday 8.30am to 5.30pm), although deliveries to Scottish Highlands and Channel Islands will take longer, usually two working days. 

Deliveries to a Republic of Ireland address will be on a two working day service.

Actual delivery timescales may vary according to external factors and we recommend placing your orders early at particularly busy times of year (such as Christmas) to make allowance for delivery delays.

 

4. Orders

We reserve the right to decline to fulfil orders for any reason, including an Orla Kiely Product which has been mis-published, such as its price or specification. 

Orders are treated as offers which we are entitled to accept or decline. If there are any problems with your order, we will contact you.

There is only one delivery charge per order.

If you have provided your email address and phone number while placing your order then our couriers will contact you (by email and text notification) of a 1-hour delivery window on the day of delivery, and offer extensive “in flight” options to reschedule delivery if you’re going to be out.

A maximum order of 10 of the same Orla Kiely Product may be made by any one person.

 

5. Our Returns Policy

We understand that you may occasionally want to return items that are not suitable. If you are not satisfied with a product purchased from our online store, please contact customerservice@orlakiely.com within 30 days of delivery to discuss.

Items purchased online from the Orla Kiely site can only be returned in accordance with above and cannot be returned to any of our other stockists.  Likewise, items purchased in a store MUST be returned to the store of purchase. This applies to faulty items also.

Returned items will be refunded provided that you do not use the item, it is in the same condition, and includes full packaging as when you first bought it, complete with dust bag (if provided); and that you have taken reasonable care to ensure that any item is returned to us safely and not damaged in transit.

We aim to process refunds not later than 10 working days after receipt of the goods back at our warehouse.

In the unlikely event of the goods being faulty please contact us at customerservice@orlakiely.com as soon as possible.

Please note that we are unable to offer exchanges. If you would like to receive another item your return will be refunded, and we kindly ask that a new order is placed online for the new item.

 

6. Cancellations

In exceptional circumstances we may unintentionally publish inaccurate information on the site (e.g. the price, description or availability of a product that you have ordered). In such instances we may have to cancel your order at any time up to the point we dispatch your order, even if you have received your Order Confirmation email. In the unlikely event this happens you will receive a full refund of any charges already paid.

Should we withdraw our Returns Policy above or if there are Orla Kiely Products to which the Returns Policy does not apply, then your right to cancel an order will be governed by the remainder of this Clause 6.

You have the right to cancel or return your order for an Orla Kiely Product within 30 days of receipt.

You can cancel your order for an Orla Kiely Product during this time by emailing customerservice@orlakiely.com with a clear statement of your wish to cancel.

You must take reasonable care of the Orla Kiely Product while it is in your possession. If you cancel during the 30 day cancellation period and return the Orla Kiely Product in good condition, then you will receive a refund of all monies received, including the outbound delivery cost.

If you require a refund on a discounted Orla Kiely Product, please note that you will be refunded the discounted price.

 

7. Payments

Payments are processed at the time of ordering; however, we only process orders which have then been screened and accepted by SagePay.

Note also that all credit/debit cardholders are subject to validation checks and authorisation by the card issuer.  If the card issuer does not authorise payment, we will not process the order.

In the event that your order is flagged by a ‘warning’ or ‘caution’ from SagePay, we will contact you for further information required.  Without this further information being provided within 3 working days, we will cancel your order and you will be refunded via SagePay accordingly.

When entering address details, please be aware there is a difference between the delivery address and billing address areas of the order form: if your billing address (where your bank or credit card is registered to) is different from the desired delivery address, you must tick the box at the bottom of that page, and then continue to fill out the details of your billing address.  Failure to complete this part of the order process may result in SagePay flagging a ‘warning’ or ‘caution’ against your card.

All prices of Orla Kiely Products include VAT at the current rate. We do not exclude or refund VAT for any orders.  You, as the purchaser, are responsible for any other taxes or duties (such as import duties) payable on Orla Kiely Products, not us.

 

8. Intellectual Property

You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Orla Kiely site and Orla Kiely Products are owned by, or exclusively licensed to, us.

No-one may copy, distribute, show in public or create any derivative work from the Orla Kiely site, an Orla Kiely Product or any of the material which is found on the Orla Kiely site without the explicit written permission of the company.

 

9. Privacy policy.

Our privacy policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy.

 

10. Additional services.

We or our affiliates may offer new or additional services through the Orla Kiely site from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Orla Kiely site in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.

 

11.Liability

a. We warrant that Orla Kiely Products will be manufactured with reasonable care and skill with the intention of meeting our specifications for them.  However, we cannot and do not guarantee that Orla Kiely Products will meet your requirements.

b. We shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.

c. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.

d. Subject always to sub-clause f. below, we shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. Our aggregate liability in relation to any Orla Kiely Product shall be limited to whichever is the greater of:
i. £10 (ten pounds); or
ii. The price you paid for that Orla Kiely Product.

e. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
i. for any loss of revenue, business, anticipated savings or profits, or
ii. for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of an Orla Kiely Product or other non-performance of this Agreement or otherwise.

f. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

g. The provisions of this Clause 11 shall survive the termination or expiry of this Agreement.

 

12. Entire Agreement.

This Agreement is intended to contain your entire agreement with us relating to the Orla Kiely site and Orla Kiely Products; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Orla Kiely site or Orla Kiely Products, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

 

13. Changes to this Agreement.

We reserve the right to change this Agreement from time to time and post the new version on the Orla Kiely site. Once posted on the site, the new version will take effect for any activity on the Orla Kiely site.

 

14. Invalidity.

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.

 

15. Law.

This Agreement, and each purchase of an Orla Kiely Product, shall be governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

 

16. Contact.

The Orla Kiely site is provided, and Orla Kiely Products are sold and supplied through it, by Clever Stuff (International) Ltd, whose address, for business conducted through the Orla Kiely site, is Ref Tms/Cms, 3-53, Squires Sanders UK LLP 7, Devonshire Square, London EC2M 4YA, United Kingdom. Our VAT registration number is GB155316421 and the Registration Number is 03506855. Please note that all notices under this Agreement are to be sent and received by email. For this purpose, your notices should be sent to customerservice@orlakiely.com and we will send our notices to you at the email address you notify to us through the Orla Kiely site, such as when placing an order.

 

 

 

 

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