Please read these terms and conditions (“the
Terms”) carefully. By entering our Website, you are deemed
to have accepted our conditions of use as set out in the Terms
including the Disclaimers, which are set out below.
1.1 This website, www.ok50.com (“the Website”)
is owned and operated by OK Lifestyles Limted (“OK Lifestyles,”
“us,” “we”), a private limited company
registered in England and Wales (number 03915997) whose registered
office is at Castle Farm, Castle Farm Road, Lytchett Matravers,
Poole, Dorset BH16 6BZ.
1.2 From time to time, we may modify these Terms. Accordingly,
please continue to review these Terms whenever accessing or
using the Website. If at any time you do not agree or consent
to the Terms, you may not use the Website. Please print off
and retain the Terms for your records.
User Responsibility and indemnity
2.1 You accept that we have the right to change the material,
or information of any aspect of the Website at any time at
our sole discretion. You further accept that such changes
may result in your being unable to access the Website. We
may have to suspend the Website from time to time to carry
out maintenance and to make upgrades.
2.2 You agree not to do or cause to be done anything, which
might interfere with the proper working of the Website.
2.3 In accessing the Website, you agree that you will access
the contents solely for your own private use but not for any
commercial or public use unless you are acting as a Seller
(as defined in clause 7.2).
2.4 Except as permitted above, you undertake not to copy,
store in any medium (including in any other website), distribute,
transmit, re-transmit, broadcast, modify, or show in public
any part of the Website without our prior written permission.
2.5 You agree to use the Website only for lawful purposes,
and in a manner that does not infringe the rights of, or restrict
or inhibit the use and enjoyment of this site by any third
party. Such restriction or inhibition includes, without limitation,
conduct which is unlawful, or which may harass or cause distress
or inconvenience to any person and the transmission of obscene
or offensive content or disruption of normal flow of dialogue
within this site.
2.6 If we invite you to submit any contribution to the Website
(including without limitation any text, graphics, video or
audio) you acknowledge that by making such a submission, you
grant us a perpetual, royalty-free, non-exclusive, sublicenseable
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform,
play, and exercise all copyright and publicity rights with
respect to any such work worldwide and/or to incorporate it
in other works in any media now known or later developed for
the full term of any rights that may exist in such content,
consistent with privacy restrictions set forth in our privacy
policy. If you do not wish to grant us such rights you must
not submit your contribution us. By submitting your contribution
to this Website, you warrant that such contribution is;
2.6.1 your own original work and that you have the right
to make it available to us for all the purposes specified
above;
2.6.2 not defamatory; and
2.6.3 does not infringe any law.
2.7 You agree to indemnify us against all legal fees, damages
and other expenses that may be incurred by us as a result
of your breach of the warranties in clause 2.6. You agree
to waive any moral rights in your contribution for the purposes
of its submission to and publication on the Website and the
other purposes specified above.
2.8 You agree to indemnify, defend and hold us harmless from
and against any claims, actions, demands or other proceedings
(including reasonable legal fees) brought against us by a
third party to the extent that such claim, suit, action or
other proceedings is based on or arises in connection with
your use of the Website and any breach by you of these Terms.
3.1 Unless otherwise specified, the materials on this Website
are directed solely at those who access this Website from
the United Kingdom mainland. We make no representation that
any product or service referred to in the materials on this
Website is appropriate for use, or available, in other locations.
Those who choose to access this site from locations other
than the United Kingdom mainland are responsible for compliance
with local laws if and to the extent local laws are applicable.
3.2 Given the unpredictabilities of technology and the online
environment, we do not warrant (either expressly or impliedly)
that the function, operation or accessibility of the Website
will be uninterrupted or error-free, that defects will be
corrected, or that the Website or the server that makes it
available will be free of viruses or other harmful elements.
As a condition of becoming a visitor to and a user of the
Website, you agree that your access will be subject to the
Terms and that access is undertaken at your own risk. We shall
not be liable for damages of any kind and howsoever arising,
(including but not limited to damage caused by viruses, worms
or trojan horses) related to your use of or inability to access
this site.
3.3 We do not accept any liability for any loss of data or
software, revenue, business, profits cost or expense, or any
direct, indirect, incidental or consequential loss or damage
arising out of or in connection with the use of, or the lack
of availability of the Website or its content or otherwise.
3.4 We endeavour to display the products featured on the
Website as accurately as possible. However, the colours we
use, as well as the display and colour capabilities of your
particular computer monitor, will greatly affect what you
actually see on the screen. We cannot be held responsible
for the limitations of technology and cannot guarantee that
your monitor’s display of any colour, texture, or detail
of actual merchandise will be accurate.
3.5 We reserve the right to withdraw any product from the
Website at any time and/or remove, screen or edit any materials
or content on the Website.
3.6 All products have been fairly described and the weights
and dimensions given are approximate only.
3.7 We endeavour to present recent, accurate and reliable
information on our Website. However, the information contained
on the Website is for general information only and should
not be relied on as being appropriate to your circumstances.
3.8 Opinions, statements, advice contained on the Website
are those of their respective author and not OK Lifestyles.
We make no claims as to the accuracy of information, statements,
advice contained on this Website, either expressed or implied.
There may be occasions when some of the information featured
on the Website may contain incomplete data, typographical
errors, or other inaccuracies. Any errors are wholly unintentional
and we apologise for any inconvenience which this might cause.
We reserve the right to amend errors, make changes to our
Website, or to update product information at any time without
prior notice and without there being any liability on our
part.
3.9 To the fullest extent permitted by law, we disclaim all
warranties, conditions, representations or other terms expressed
or implied.
3.10 You should consult your own professional advisers before
taking any actions as a result of information contained on
this Website.
3.11 We shall not be liable to any person for any loss or
damage of any kind (whether or not we ought reasonably to
have known of or had been advised of the possibility of the
same) which may arise from the use of the Website or any of
the materials, advice or information contained in it, or as
a result of withdrawing and/or screening editing or removing
any materials or content on the Website.
3.12 Nothing in these Terms shall exclude our liability to
you for fraudulent misrepresentation by us or for death or
personal injury resulting from our negligence or that of our
employees.
IF YOU ARE A BUYER OF GOODS FROM THE WEBSITE PLEASE ALSO
READ THE DISCLAIMERS CONTAINED IN PARAGRAPH 12.
4.1 All brand names, product and service names and titles
and copyright used in this Website (“the Marks”)
are Marks of their respective holders. All goodwill associated
with or with the Marks or with OK Lifestyles’ trade
names or marks shall inure solely to the benefit of their
respective holders or with OK Lifestyles and you shall not
assert any claim or ownership to the Marks or to the goodwill
or reputation thereof.
4.2 No permission is given by us for the use of the Marks
or OK Lifestyles’ trade names or marks by any person
other than such holders and such use may constitute an infringement
of the holder’s rights.
4.3 All designs and content featured on this Website, including
navigational buttons and images, artwork, graphics, photography,
text and the likes are the copyright of OK Lifestyles or its
licensors and any use of materials on this site (other than
printing out a single copy for your own personal use) without
our prior written consent is strictly prohibited.
5.1 OK Lifestyles is registered as a data controller with
the office of the Data Protection Commissioner. Our DPA number
is Z7398778. Details of our registration can be found at the
Data Protection Commissioner’s Website www.dataprotection.gov.uk
.
5.2 We respect your concerns about privacy. We, therefore,
encourage you to refer to our privacy policy on an ongoing
basis to stay abreast of our most current privacy policy practices,
which are intended to protect your privacy and ensure that
your personal information is handled in a safe and responsible
manner. As we continue to develop our Website and take advantage
of technologies to improve the services we provide, our policies
will continue to evolve.
6.1 Certain hypertext links in this site will lead to websites
which are not under our control. When you activate any of
these, you will leave our Website. We have no control over
the material on any of these linked websites.
6.2 The inclusion of hyperlinks cannot be taken to imply
any endorsement or validation by us of the content of the
linked website referred to. Hyperlinks can become out-of-date
and cease to work or they can direct users to a website page
whose contents or use have been changed by its owner. We accept
no responsibility or liabilities for any losses or penalties
that may be incurred or for the accuracy of hyperlinks to
third party websites, or the content of such third party websites.
Basis of the Sale
7.1 We shall sell and you shall purchase the goods (which
term shall include services) in accordance with the Terms.
7.2 All orders for goods shall be deemed to be an offer by
you to purchase goods pursuant to the Terms. By placing an
order with us, you are expressly waiving any printed terms
you may have to the extent that they are inconsistent with
our Terms.
7.3 Acknowledgement of your order by us shall be deemed acceptance
of your offer.
7.4 Acceptance of delivery of the goods shall be deemed conclusive
evidence of your acceptance of the Terms.
7.5 No variation of or addition to the Terms shall be binding
unless agreed in writing by an authorised representative of
OK Lifestyles.
7.6 Our employees or agents are not authorised to make any
representations concerning the goods unless confirmed by us
in writing. In entering into the contract, you acknowledge
that you do not rely on, and waive any claim for breach of,
any such representations which are not so confirmed.
7.7 Any advice or recommendation given by us or our employees
or agents to you or your employees or agents as to the storage,
application or use of the goods which is not confirmed in
writing by us is followed or acted upon entirely at your own
risk, and accordingly we shall not be liable for any such
advice or recommendation which is not so confirmed.
7.8 Any typographical, clerical or other error or omission
in any sales literature, quotation, price list, acceptance
of offer, invoice or other document or information issued
by us shall be subject to correction without any liability
on our part.
8.1 All prices are in UK sterling and are inclusive of UK
VAT (currently 17.5%) where applicable. We shall display one
price for members of ok50 and one price for non-members. We
may add an administration charge, which will be shown alongside
the price of the goods.
8.2 Any quotation or published price is subject to alteration
or withdrawal without prior notice as a result of fluctuation
in exchange rates, increase in supplier costs, error in published
price or other costs beyond our control. Statement of price
or a quotation does not constitute an offer.
8.3 The price quoted includes delivery (unless otherwise
stated).
9.1 All delivery times quoted are estimates only. We aim
to dispatch most items sold through the Website to arrive
within 14 to 21 days but delivery of some items may take up
to 90 days.
9.2 If you accept delivery of the goods after the estimated
delivery time, it will be on the basis that you have no claim
against us for delay (including indirect or consequential
loss, or increase in the price of the goods). Acceptance of
delivery of the goods shall be deemed conclusive evidence
of your acceptance of the Terms.
9.3 We may deliver the goods in instalments. Each instalment
is treated as a separate contract.
9.4 We may decline to deliver if we believe that it would
be unsafe, unlawful or unreasonably difficult to do so; or
if the premises (or the access to them) are unsuitable for
our or our carrier’s vehicle.
9.5 The goods are at your risk from the time of delivery.
9.6 Delivery takes place at your premises or specified delivery
address.
9.7 You must inspect the goods on delivery. If any goods
are damaged (or not delivered), you must record that on the
receipt given to the carrier. You must write to tell us within
seven days of delivery (or the expected delivery time). You
must give us (and any carrier) a fair chance to inspect the
damaged goods.
9.8 If you fail to take delivery of the goods or fail to
give us adequate delivery instructions we may:
9.8.1 store the goods until actual delivery and charge you
for the reasonable costs (including insurance) of storage;
and/or
9.8.2 sell the goods at the best price readily obtainable
and (after deducting all reasonable storage and selling expenses)
account to you for the excess over the price under the contract
or charge you for any shortfall below the price under the
contract.
9.9 Until you pay all debts you may owe us all goods supplied
by us remain our property.
10.1 Buyers are to pay through the Website by credit or debit
card using the World Pay system. Membership purchase may also
be made by cheque payment direct to OK Lifestyles Limted.
10.2 If you fail to pay us in full on the due date:
10.2.1 we may suspend or cancel future deliveries;
10.2.2 we may cancel any discount offered to you;
10.2.3 you must pay us interest at the rate equivalent to
that set for the purposes of s6 of the Late Payment of Commercial
Debts (Interest) Act 1998:
a. calculated (on a daily basis) from the date of our invoice
until payment;
b. compounded on the first day of each calendar month; and
c. before and after any judgement (unless the court orders
otherwise).
10.3 You do not have the right to set off any money you may
claim from us against anything you may owe us.
10.4 While you owe money to us, we have a lien on any of
your property in our possession.
10.5 You are to indemnify us in full and hold us harmless
from all expenses and liabilities we may incur (directly or
indirectly and including finance costs and legal costs on
a full indemnity basis) following any breach by you of any
of your obligations under these Terms.
11.1 You shall be responsible for ensuring the accuracy of
any order (including any applicable specification) submitted
by you and for giving us any necessary information relating
to the goods within a sufficient time to enable us to fulfil
your order.
11.2 The quantity, quality and description of and any specification
for the goods shall be those set out in our acknowledgement
of your order.
11.3 We reserve the right to make any changes in the specification
of the goods which are required to confirm with any applicable
safety or other statutory requirements or which do not materially
affect their quality or performance.
11.4 We may suspend or cancel the order (at our option),
by written notice if:
11.4.1 you fail to pay us any money when due (under the order
or otherwise);
11.4.2 you become insolvent or bankrupt; or
11.4.3 you fail to honour your obligations under these Terms.
12.1 Subject as expressly provided in these conditions and
except where the goods are sold to a person dealing as a consumer
(within the meaning of the Unfair Contract Terms Act 1977)
all representations, warranties or conditions expressed or
implied, statutory or otherwise, are hereby expressly excluded
to the fullest extent permitted by law.
12.2 Where the goods are sold to a person dealing as a consumer
your statutory rights are not affected by these Terms.
12.3 Goods are sold only with such warranty as the manufacturers
give to us and which we are able without expense to enforce.
12.4 Any warranty given under this paragraph 12 shall not
apply if (other than by us) any repair to the goods is made
(or attempted), or if components not manufactured or supplied
by us are installed. Any warranty given does not cover data
recovery from failed hard disks or any consequential loss
of data. You are advised to perform regular backups of important
data.
12.5 You shall inspect the goods immediately upon delivery.
Any claim by you based on any defect in the quality or condition
of the goods or their failure to correspond with specification
shall, whether or not delivery is refused by you, be notified
in writing us within seven days from delivery or where the
defect or failure was not apparent on reasonable inspection
within fourteen days of discovery of the defect or failure
(subject to clause 13.4).
12.6 Our liability is limited in damages to the price of
the goods supplied to and paid for by you.
12.7 THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS
IS" BASIS. OK Lifestyles MAKES NO OTHER REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION:
12.7.1 THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
12.7.2 THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS,
WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY,
SECURE OR OPERATE WITHOUT ERROR;
12.7.3 THAT THE PRODUCTS INCLUDED ON THE SITE WILL BE AVAILABLE
FOR SALE AT THE TIME OF OFFER;
12.7.4 ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING
OR USAGE OF TRADE; AND
12.7.5 ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY
IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF OK
Lifestyles. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, OK Lifestyles DISCLAIMS ANY AND ALL SUCH WARRANTIES.
12.8 TO THE FULLEST EXTENT PERMITTED AT LAW, OK Lifestyles
WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY
KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA)
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE,
THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR FEEDBACK
OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, WHETHER
OR NOT OK Lifestyles HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
12.9 Nothing in these Terms restricts or limits our liability
for death or personal injury resulting from negligence.
13.1 You may cancel your order for goods by giving notice
to us in writing no later than seven working days from (and
excluding) the day on which we deliver the goods to you, and
only:
13.1.1 if you agree to return the goods to us at your expense
(unless the goods were defective when delivered); and
13.1.2 where the goods are as fit for sale on their return
as they were on delivery (including the original packaging
and all manuals and documentation supplied with the goods).
13.2 If you cancel an order for goods in accordance with
clause 13.1, but:
13.2.1 do not return the goods; or
13.2.2 return the goods at our expense
we may charge you for the cost of recovering the goods.
13.3 You may not cancel an order for the supply of:
13.3.1 services if performance of the contract has begun,
with your agreement, before the end of the cancellation period
set out in clause 13.1;
13.3.2 goods or services the price of which depends on fluctuations
in the financial market;
13.3.3 goods made to your specifications or clearly personalised;
13.3.4 goods which by reason of their nature cannot be returned
or are liable to deteriorate or expire rapidly;
13.3.5 audio or video recordings or computer software which
you have unsealed;
13.3.6 newspapers, periodicals or magazines; or
13.3.7 gaming, betting or lottery services.
13.4 We shall only accept the return of defective goods in
accordance with clause 12.5 if:
13.4.1 you have obtained a return of goods number from us;
13.4.2 the return of goods number is clearly visible on the
outside of the package;
13.4.3 you enclose a copy of the original invoice and a detailed
description of the fault; and
13.4.4 the goods are returned in their original packaging
and insured by you in transit.
13.5 Goods returned for credit must be returned complete
with all manuals and documentation; we reserve the right to
charge up to £50.00 for each document not returned.
13.6 The membership joining fee is non-refundable.
13.7 Refunds will only be made to the card upon which the
price for the goods was debited and not by any other method.
14.1 If we are unable to perform our obligations to you (or
able to perform them only at unreasonable cost) because of
circumstances beyond our control, we may then cancel or suspend
any of our obligations to you, without liability.
14.2 Examples of those circumstances include act of God,
accident, explosion, fire, transport delays, strikes and other
industrial disputes.
15.1 No waiver by us of any breach of the Terms by you shall
be considered as a waiver of any subsequent breach of the
same or any other provision.
15.2 English law is applicable to any contract made under
the Terms. The English courts have non-exclusive jurisdiction.
15.3 If you are more than one person, each of you has joint
and several obligations under the Terms.
15.4 If any of the Terms are unenforceable as drafted:
15.4.1 it will not affect the enforceability of any other
of these terms; and
15.4.2 if it would be enforceable if amended, it will be
treated as so amended.
15.5 Any notice which is to be served under the Terms may
be served:
15.5.1 by you by leaving it at or by delivering it (by first
class post) to our registered office; and
15.5.2 by us by leaving it at or by delivering it (by first
class post) to the last address you have given us.
All such notices must be signed.
15.6 No contract will create any right enforceable (by virtue
of the Contracts (Rights of Third Parties) Act 1999) by any
person not identified as the buyer or seller.
15.7 Any queries or comments about products or services displayed
on the Website, complaints, or objection to us making use
of your personal data in the ways detailed above, should be
directed to us at the contact address shown on the Site. |
