TERMS & CONDITIONS
These terms and conditions are intended to be easy to understand. However, if you have any queries relating to the terms and conditions, please do contact us before you place an order, at email@example.com
INFORMATION ABOUT OLIVE AUBREY
Olive Aubrey is a registered trademark of Aubrey Cound Limited, a company registered in the United Kingdom, company number 09495064 VAT number GB 231070068 and registered at 28 Lansdowne Gardens London SW8 2EG. We operate “the Website” www.OliveAubrey.com, or “Olive Aubrey”.
Our store is hosted on Shopify Inc. They provide us with the online ecommerce platform that allows us to sell our products and services to you.
These terms and conditions were last updated in May 2018. When you buy a product from Olive Aubrey, the following terms and conditions come into force between you, the customer, and Olive Aubrey (Aubrey Cound Ltd), the seller. The website terms apply to all accessible formats of the website, including any mobile devices, at home or in a store/market format. We recommend you print out the terms and conditions for future reference before purchase, if you have any concerns. We reserve the right to change and update Website Terms from time to time and recommend that you check this page before browsing to make sure you know what terms apply.
You must be aged 18 or over to buy from us. You may not use the website for unlawful purposes, deep link into, distribute the pages or materials or computer codes comprising the website other than for your own personal use. Content of the website may not be used for any commercial purposes in a copy, reproduction, republication, edit or recording other than for personal use. We are not liable to any third party for the content and materials posted by you on any Olive Aubrey website including associated Social Media sites, and we have the right to disclose your identity to any third party if we believe we have just cause. We reserve the right to remove any submissions you make on our website that does not comply with our content standards set out below.
All rights including intellectual property rights and copyright in and to this website are owned by, or licensed to Olive Aubrey. By submitting any text, photographic or other (non-personal) data to the website, you agree that you are granting OliveAubrey a right to use such materials at our own discretion (with or without accreditation) in any media.
NON-UK USE OF WEBSITE
This website promotes Olive Aubrey sales and services in the UK. Customers accessing this website from outside the UK, or placing orders to deliver outside the UK are responsible for agreeing with Olive Aubrey in advance the delivery costs, ensuring compliance with local laws (legal, regulatory, customs and other restrictions of the destination/ delivery country), and to ascertain how the local laws are applicable.
2 THE ORDER PROCESS & PAYMENT
2.1 The website shopping pages will guide you through the steps you need to take to place an order.
2.2 We recommend you open a customer account in order that your purchase details are saved for your future reference when ordering a second or future product (it will save your addresses).
2.3 If you open an account, you will be issued with a username and password as part of the registration process. You should take all reasonable steps to keep this confidential or inform us if you believe your username or password security has been breached.
2.4 You will use your Customer Account to place offers for Products in the process outlined on our website, including the input of your delivery address and payment details. You may make an order offer without opening an account.
2.5 You will be able to check and amend any errors before submitting your order offer to us.
2.6 We will send you an email indicating acceptance of your offer and including the information contained in your order offer. This comprises Confirmation Email and indicates that your offer has become an order, a legally binding agreement between you and us.
2.7 We will email a dispatch confirmation email via the email address against which you placed your initial enquiry.
2.8 If we are unable to fulfill your order / supply you with a Product for whatever reason, we will inform you of this by email and will not process your order for that specific product. If you have already paid for the unavailable product (eg as part of an order for several products) we will refund you the full amount of the unavailable product immediately.
2.9 We reserve the right to not accept your order. Examples could be that payment fails to be authorised, if we believe the transaction is fraudulent, if shipping restrictions apply, that the product is out of stock or does not meet our quality controls, is withdrawn, or that you do not meet the eligibility criteria set out in these Terms.
2.10 Charges for Products are set out in the Confirmation Email. Payment for the Product and all applicable delivery charges is in advance. Your debit or credit card or Paypal account will be charge when we send the Confirmation Email.
2.11 Payment for the Products will be deducted from either the bank account registered to your customer account or the bank account entered in your Enquiry (whichever you selected) when we send the Confirmation Email.
2.12 We accept payment through PayPal, VISA, Mastercard debit and credit cards, Solo and Maestro debit cards.
3 ACCURACY AND PRICING
3.1 Olive Aubrey aims to offer accurate, current pricing and product information, but reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our website is inaccurate at any time without prior notice including after you have placed an order. This can relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any reliance on the material on the site is at your own risk. You agree it is your obligation to monitor changes to our site. Historical information contained on this site is necessarily not current and is provided for your reference only.
3.2 You agree to provide a current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.
3.3 All products are subject to availability.
3.4 Whilst we make every attempt to ensure that the colours and specifications of the products are accurate, we cannot guarantee that your computer will accurately display colour. Also, some products may vary slightly from the images on the Olive Aubrey site which are for illustrative purposes only. Packaging also may vary from product to product depending on the supplier of origin.
3.5 Prices and products included on the Olive Aubrey site are valid only at that moment and are subject to change without notice including being discontinued. We reserve the right to change these at any time and without notice to you. If the price has changed since you placed your offer, the price you will pay will be the price displayed at the time you placed your enquiry, except where there was an obvious and un-mistakable pricing error.
3.6 Prices shown are in GBP. Prices are inclusive of UK VAT and delivery within the UK via standard Royal Mail. Prices for postage to other destinations are indicated at checkout and added to the cost of your goods - the full price is displayed before you pay.
3.7 We reserve the right at any time to modify or discontinue the Product or any part of the content thereof without notice at any time; we are not liable to you or any party for any modification, price change, suspension or discontinuance of our service.
3.8 We reserve the right to limit the sale of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis, or by household or by order. We reserve the right to limit or prohibit orders that in our sole judgement, appear to be placed by dealers, resellers or distributors.
3.9 Should we need to recall any products, you agree to cooperate with us fully, at our sole expense.
3.10 If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
For more detail please review our Returns Policy in section 5 below.
4.1 Delivery and return within the UK by UK Royal Mail is included in the selling price.
4.2 Delivery and return to and from non-UK Royal Mail areas is at the customer's cost and a cost is proposed at checkout before you pay. Please see "Despatch and Delivery" for more detail in the Customer Services section. Special delivery arrangements may be made directly with customers from time to time at customers’ requests. Additional costs may be charged for this service, subject to the customer’s prior agreement and payment arrangements made accordingly. Please contact us on firstname.lastname@example.org prior to placing your order if you would like us to make special delivery arrangements other than UK Royal Mail.
4.3 We will mail you when your order has been dispatched so that you know when to expect it. However, delays may be out of our control and we are not liable for any delay in delivery.
4.4 We deliver worldwide to areas covered by UK Royal Mail. Please see "Customer Services - Dispatch and Delivery" for more information.
4.5 You the customer are responsible for keeping your contact and delivery details up to date in your Customer Account or Enquiry.
4.6 If Olive Aubrey undertakes any International Deliveries the customer shall be liable for all delivery and return expenses plus all international VAT / import and shipping costs. This may include cross boarder surcharges for which Olive Aubrey has no knowledge and is not liable.
5 CANCELLATIONS, EXCHANGES, RETURNS AND REFUNDS
5.1 If you wish to cancel your order, email us at email@example.com and we will endeavour to cancel your order for you before dispatch. If this is not possible (ie the order has already been dispatched) then the usual refund process will apply as outlined below.
5.2 Items can be exchanged if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to 28 Lansdowne Gardens, SW8 2EG – or just send it to us indicating on the ‘Returns’ form the size or colour you’d like to exchange it for.
5.3 Our refund policy lasts for 21 days. If goods are not returned within that time, we will not be able to issue a refund.
5.4 Your statutory rights are unaffected.
5.5 To be eligible for a refund, goods must be returned to us unworn and in the condition in which they arrived, and in its original packaging and protection. Please let us know immediately if goods are damaged when they arrive, by emailing us on email@example.com before attempting to return them. We may make a deduction from the refund amounts if the returned goods are diminished in value and not returned in a saleable condition. This may include hygiene reasons.
5.6 Once your return is received and inspected, we will send you an email to notify you that we have received your return and that it has been accepted or rejected. If approved, and unless you have advised us otherwise, the refund is always refunded into the bank account from which the original payment is made.
5.7 If your refund does not appear immediately, please contact your bank or credit card provider. It may take some time before your refund is officially posted. If you have checked these and you have still not received your refund, please contact firstname.lastname@example.org
5.8 You will be responsible for paying your own shipping costs for returning your items if you do not use the pre-paid label enclosed with your product.
6.1 If you think any product is not up to the standard you expected, please return it to us and tell us why. We will offer you a replacement product at no cost to you, or offer you a full refund of the price (which included postage) that you originally paid. Alternatively if you wish to repair and retain the product, we will refund your cost of repair.
6.2 Your statutory rights are not affected. As a consumer, you have a right to expect products ‘as described’ and not faulty. These statutory rights are not affected by your right of return and refund, or anything else in these Terms.
7 FAILURE TO PAY
7.1 We reserved the right to suspend or close your Customer Account (which will prevent you from buying our Products) if you fail to pay any charges (due to us by you) immediately when payment becomes due.
8 SECURITY, LIMITATION OF LIABILITY, LAW & JURISDICTION
8.1 Olive Aubrey exercises due diligence that the Website is free from viruses and other malicious / harmful content, but does not offer a guarantee. You should operate your usual systems such as anti-virus software to screen out anything potentially damaging to your computers and devices. Olive Aubrey will not be liable for any loss or damage suffered from viruses, malicious or harmful content accessed from or via the website.
8.2 Olive Aubrey will not be liable to any person for any loss or damage that may arise as a result of any failure by you to protect your password or account.
8.3 These website terms comprise the entire agreement between you and us. Any matters arising out of your use of this Website shall be governed by the laws of England and Wales exclusively, and all contracts shall be conducted in English.
8.4 In no case shall OliveAubrey, our directors, officers, employees, affiliates, agents, contractors, suppliers, interns, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity or revenue, corruption of data, information or software, loss of anticipated savings or goodwill, or any direct or consequential loss . This extends to contract, tort, breach of statutory duty, loss or damage during collection, storage or return; and in any case shall not exceed the value of the Order.
8.5 If we fail to comply with the agreement we are only responsible for loss or damage as a foreseeable result of our breach or negligence but not for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was discussed between you and us at the time we entered into our agreement.
8.6 You shall indemnify and hold as harmless Olive Aubrey and our agents, partners, offices, directors, subcontractors, suppliers, service providers interns and employees from any claim or demand, including reasonable lawyers fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of the rights of a third party.
8.7 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms without affecting the validity and enforceability of any other remaining provisions.
8.8 There is nothing in these Terms that excludes or limits our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded by law.
8.9 We will not be responsible for ensuring that the Products are suitable for your purposes, including after the termination of the agreement. Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the agreement.
8.10 Third party links may be included in our site from time to time and may direct you to websites that we are not affiliated with. We are not responsible in any way for the content or actions of these third parties. Compensation claims should be directed to those third parties.
9.2 When you purchase something from us as part of the buying and selling process, we collect the personal information you give us such as you name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
9.3 With your consent, we may send you emails about our store, new products and other updates. By registering your email with us you are giving us consent to use your email to communicate with you about Olive Aubrey Shoes. There is a 'click to opt-out' on the footer of all emails we send you, so you can opt out of communications at any time.
9.4 When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange a delivery or return a purchase, we infer that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
9.5 If you wish to withdraw your consent after you opt in, you may withdraw your consent to contact you, continue to collect, use or disclose your information at any time by clicking the 'unsubscribe' link at the footer of any email or by contacting us at email@example.com or mailing us at Olive Aubrey, 28 Lansdowne Gardens, SW8 2EG.
9.6 We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
9.7 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Any emails we send you are securely stored in the cloud with password only access.
9.8 If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
9.9 All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight you may also want to read Shopify’s Terms of Service
(https://www.shopify.com/legal/terms) or Privacy Statement
9.11 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed altered or destroyed.
9.12 If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
9.13 We use the following cookies, listed here so you can choose if you opt out of cookies or not.
- Session_id, unique token, sessional. Allows Shopify to store information about your session (referrer, landing page etc)
- Shopify_visit, no data held, persistent for 30 minutes from the last visit. Used by our website providers’s internal stats tracker to record the number of visits.
- Shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day. Counts the number of visits to a store by a single customer.
- Cart_unique token, persistent for 2 weeks. Stores information about the content of your cart.
- Secure_session_id, unique token, sessional.
- secure_session_id, unique token, indefinite if the shop has a password. This is used to determine if the current visitor has access.
9.14 If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at Olive Aubrey, Privacy Compliance Officer, 28 Lansdowne Gardens, London SW8 2EG.
10 EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any delay in or failure to perform by the Products caused by an event outside our control. This means : any act or event beyond our reasonable control such as failure of public or private telephone networks, industrial action by third parties, snow, flood, storm, riot, civil unrest, invasion, terrorist attack (or threat of), war whether declared or not, fire explosion, subsidence, earthquake, natural disaster or epidemic, motor transport including public transport, road traffic accidents, road closures or mechanical failure.
10.2 In any such event we will notify you as soon as we can.
11.1 Any notice given by us to you under this Agreement must be in writing and may be served by email or pre-paid post to the person notified.
11.2 We will take your address for service of notices as being your email and/or postal address as specified in your Customer Account / Enquiry or any other address in the United Kingdom which you have previously notified to us in writing.
11.3 Any notices to us by you must be in writing by personal email, or prepaid post. The address for notices is 28 Lansdowne Gardens, SW8 2EG.
11.4 A notice will be deemed served at the time of personal delivery or 48 hours after placement into Royal Mail, or at the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
11.5 Assignment and subcontracting – we may at any time assign, charge or subcontract or deal in any other manner with all or any of the rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under this Agreement to any third party/ agent.
11.6 You shall not, without prior written consent, subcontract, assign, transfer, charge, mortgage, declare a trust over or deal in any other manner with an or all of its rights or obligations under this Agreement.
12 ADDITIONAL IMPORTANT TERMS AND GENERAL CONDITIONS
12.1 These Terms are only available in English, and this Agreement is governed by English law. Any dispute or claim arising out of this agreement for the purchase of Products (or connection with it), will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim.
12.2 If these Terms conflict with any terms of an Order, the Order will take priority.
12.3 This Agreement is between you and us. No-one else has any rights to enforce any of its terms including under the Contracts (Rights of Third Parties Act 1999).
12.4 Each of the sections of these Terms operates separately. If any relevant authority or court decides that any of them are unlawful or unenforceable, the remaining sections remain in force and effect.
12.5 Any delay by us in enforcing your obligations under this Agreement, or any delay by us in enforcing our rights against you, does not mean that you do not have to comply or that we have waived our rights against you. Any waiver from us will only be in writing and does not imply that we waive any later defaults by you.
12.6 Nothing in these Terms affects your legal rights as a consumer in relation to these Products. Your local Citizen’s Advice Bureau or Trading Standards Office can be contacted for advice on your legal rights.
12.7 The obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms are effective unless and until terminated by either you or us.
12.8 All intellectual property rights in or arising out of or in connection with the Products shall, as between you and us, be owned by us.
12.9 We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve a) transmissions over various networks; and b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
|Foot length (inches)||8.8||9.1||9.3||9.6||9.8||10.1||10.3|
|Foot length (cms)||22.5||23||23.6||24.3||24.9||25.5||26.2|
More detailed sizing information available on our sizing page