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; by placing an order for 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 11 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 email@example.com.
Please note that we reserve the right to withdraw the Orla Kiely site from time to time.
Orla Kiely Products are subject to availability. If an Orla Kiely Product has becomes out of stock at a time when we receive the order, we will inform you, and you will not be charged for it.
At Orla Kiely, we endeavour to display as accurately as we reasonably can the true colours of Orla Kiely Products. 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 accurately 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 Flagship store or our other stockists.
We will contact you if there is an excessive delay with the despatch of your Orla Kiely Products.
We aim to send out Orla Kiely Products on the working day after we receive an order, or (if an order is received by 12 Noon London time) on the day we receive the order; however this is not guaranteed.
Unless otherwise stated, we use the UPS service for the sending and delivery of Orla Kiely Products; the total cost of your order will include a delivery charge. Delivery times will vary according to how quickly UPS delivers; we recommend placing your orders early at particularly busy times of year (such as Christmas) to make allowance for delivery delays.
We reserve the right to decline to fulfill 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. Replacement Orla Kiely Product will be sent out free of charge.
We cannot arrange for deliveries of Orla Kiely Product to be left with a neighbour or similar requests; all deliveries must be signed-for at the delivery address you provide to us as part of your order. Note that we cannot be responsible for orders which go missing after delivery.
A maximum order of 5 of the same Orla Kiely Product may be made by any one person. Sale items are restricted to 2 of the same Orla Kiely Product per customer.
Please see our Returns Policy (http://www.orlakiely.com/usa/?customer_services).
Payments are processed at the time of ordering; however we only process orders which have been screened and accepted by RBS Worldpay. For details of countries and cards accepted by RBS Worldpay, visit www.rbsworldpay.com.
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 RBS Worldpay, 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 RBS Worldpay accordingly.
When entering address details, please be aware there is a difference between the delivery address and invoice 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 RBS Worldpay flagging a 'warning' or 'caution' against your card.
Sales in the US of Orla Kiely products may be subject to your states sales or use tax. Where required by state law we shall charge and collect the applicable state sales tax. You, as the purchaser, are responsible for any use or other taxes or duties (such as import duties) payable on Orla Kiely products. You, as the purchaser, are responsible for any other taxes or duties (such as import duties) payable on Orla Kiely Products.
You acknowledge that all copyright, trade marks, 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. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, 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 unless properly licensed to do so by us.
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.
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 9 shall survive the termination or expiry of this 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.
We reserve the right to change this Agreement from time to time, and post the new version on the Orla Kiely site. The new version will take effect for any activity on the Orla Kiely site, including any purchase of an Orla Kiely Product, after the new version is posted on the Orla Kiely site.
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.
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.
We don’t separately file the individual Agreements entered into by users of the Orla Kiely site. You can access it at [www.orlakiely.com/shopping/?subcat=onlinestore&page=terms]. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.
The Orla Kiely site is provided, and Orla Kiely Products are sold and supplied through it, by Kiely Rowan plc, whose address, for business conducted through the Orla Kiely site, is Unit 5002, Spaces Storage Centre, Ingate Place, London SW8 3NS. Our VAT registration number is GB 648833401. 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 firstname.lastname@example.org 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.