1. Our Business Policy
These Terms and Conditions (T&C’s) govern the offer and sale of products on our website www.octopusrock.com (herein after OR). By visiting OR customers accept and consent to the practices described in the T&C’s. The OR website is made available pursuant to these T&C’s and any other rules and policies posted onto this site. If customers do not agree to them they should not use the website. The website is an online retail service solely for customers personal use for the sale of swim and beachwear and accessories (“products”). Before placing an order, customers should read the T&C’s. When you make a purchase you are offering to buy it for the price stated subject to the Terms and Conditions.
When purchasing an item from OR you are agreeing to these Terms and Conditions.
2. Making a Purchase
To make a purchase:
1. Select Girls Beachwear or Boys Beachwear from the top menu bar.
2. Shop by browsing through Age, Designer or Style categories.
3. Click on the image to access the item’s individual product page. This will allow you to see detail specific to the product.
4. Click ‘add to basket’, this will either add your product to your basket or give a sold out message.
5. You can review the products in your shopping basket simply by clicking on the shopping basket icon. If you would like to delete an item click ‘remove’ next to the item and your shopping basket will automatically update. You can also modify the quantity required of the item.
6. To resume shopping click ‘continue shopping’
7. Click ‘checkout’ and follow the instructions.
8. When you have placed your order you will receive an email acknowledging the exact details of your order and delivery options. Unless we have notified you that we do not accept your order and/or payment has not been authorised, this is the completion of the contract between the customer and OR. Once your order has been confirmed you will be unable to make any changes.
3. Prices and Delivery
Orders: All prices indicated for products available on the website and delivery charges are inclusive of V.A.T (where applicable) at the current rate and are quoted in pounds sterling. The total cost of order is the price of the products ordered plus delivery charges. Standard delivery is between 3-5 working days, however next day delivery is available, to the UK only, and will incur increased delivery charges. Orders must be received by 12 noon in order to be eligible for next day delivery. For international orders, any additional duties or taxes incurred will be payable by the customer. OR will not be responsible for these costs. We aim to deliver products to the place and person specified by the customer, in perfect condition and in the shortest possible time. We aim to dispatch your order within 2 working days, and you should receive your delivery within 3-5 working days, however in busy periods delivery could take up to 10 days. If your order is returned to us because the courier or Royal Mail could not complete delivery, for whatever reason, you will be responsible for repeat delivery costs. We cannot be held responsible for any delays once goods have left us, and are in possession of a courier or Royal Mail. All new orders are deemed separate and each is treated individually. All products displayed on our website are available while stocks last. Your web browser should automatically inform you when a product is out of stock. If, however sometimes this does not happen, we will contact you as soon as possible. We try to make images, product descriptions and specifications as accurate as possible. However, OR take no responsibility for any variation in colour or sizing caused by the browser software used. All images, descriptions and specifications contained on the website are published to give customers the most accurate description possible. OR can take no responsibility for any third party advertisements or pop ups which may cause errors on browsers whilst shopping. We also do not endorse these.
4. Returns Policy
OR offer a full refund or exchange providing the product is returned to OR within 7 days of receipt. All items must be returned in a unworn, as new condition with their original tags still attached. OR will not accept returns of non-faulty items that have been worn, used and/or garment tags removed. In such cases, the item will be returned with the cost being charged to the customer. OR returns procedure is as follows:
1. A Returns Authorisation Number must be obtained from OR as soon as possible after delivery, by e-mailing email@example.com detailing the reason for the return.
2. OR recommend items are returned via a recorded delivery service as OR cannot accept responsibility for lost or damaged items.
3. A refund or exchange will be issued upon the satisfactory receipt of the item. If a refund is required, we will credit the original purchaser’s card for the sum paid, less the cost of postage.
4. Customers statutory rights are not affected by our returns policy.
Refunds will be made within 28 days of the date the returned item is received. All items sold by OR are checked for quality control before they are dispatched. However, in the unlikely event that goods arrive faulty or damaged, please contact us immediately. OR retain the right to approve a returned item for an exchange or refund at our discretion. Please note postage costs will apply for exchanges and returns. All products purchased from the OR website must be returned to Octopus Rock Limited, PO Box 2543, Buckhurst Hill,IG8 1JP, UK with a returns authorisation number written clearly on the outside of the package. Items must be returned using Royal Mail. If you wish to use another courier please state this on your e-mail and we will liaise separately with you about this. Sale items are non-refundable and non-returnable.
5. Gift Returns & Exchanges
Customers may return gifts and exchange them for a different item at the same value or more provided they pay the difference. Postage & packaging costs will be incurred for gift exchanges. Items should be returned via a recorded delivery service as OR cannot accept responsibility for any lost or damaged items. Customers statutory rights are not affected by our returns policy.
All communication will be via email or telephone. You agree to receive communication from us in this way. You also agree that electronic communications will satisfy any legal requirement for communications to be in writing.
8. Copyright and Trademarks
You acknowledge and agree that all copyright, designs, trademarks, graphics, text, photographs, icons, logos, audio, images, data, compilations and software and the compilation thereof is the property of OR, our owners, our affiliates, our partners, our suppliers or our licensors and is protected by UK and International copyright laws. The trade marks, logos, and service marks displayed on the Website are the registered and unregistered marks of OR, our owners, our affiliates, our licensors, our suppliers or our partners, in the UK and other countries, and are protected by UK and international trade mark laws. All or any other trade marks not owned by us that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. In addition the content, the trade marks, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
9. Use of the Website
This site is for personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site. You use this site at your sole risk. You agree that you will be personally responsible for your use of this site and for all of your communication and activity on this site. We reserve the right to deny you access to this site, or any part of this site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C'S, we may deny you access to this site on a temporary or permanent basis and any decision to do so is final.
10. Limitations of Liability
We will use our reasonable endeavors to present the most accurate, recent, most complete and reliable content and other information. It makes no warranties, whether express or implied in relation to its accuracy. This site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this site, or any transaction that may be conducted on or through this site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on the website at a particular time may not always reflect the position exactly at the moment Our acceptance of your order brings into existence a legally binding contract between us. Only adults aged 18 and over are entitled to enter into legally binding contracts and as a result, are the only people allowed to transact on this site. If you do not qualify, do not use this site. We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with the products on the website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. If you ask us to include a message with any product ordered through the website, we will do our best to ensure that we accurately record your message and send it with the product. However we cannot accept any liability for any errors with the message or any failure to enclose the message with the product. You undertake that any message you require us to send will not be in any way offensive. We reserve the right to remove offensive messages from our deliveries. You agree that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the website and any information provided to or taken from the website by you. You agree that, except for death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the T&C'S. You agree to indemnify, defend and hold harmless us, our agents, officers, directors, and employees, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these T&C’s by you or any other liabilities arising out of your use of the website or the use by any other person accessing the website using your personal information. We reserve the right at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. Nothing in these T&C’s shall limit your rights as a consumer under English law.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to confidential arbitration in London, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this section shall apply.
12. Credit Cards
We allow orders to be processed online using a valid credit or debit card of the type that we accept for purchases. Credit card companies may undertake an additional security check to confirm who is making the order. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of the payment card refuses, or subsequently refuses to, or does not, for any reason, authorise payment to OR, OR are not liable for any delay or non-delivery.
14. Amendments and Updates
The T&C’s may be amended from time to time, in consideration of new laws and regulations but not limited thereto.
15. Events Beyond Our Control
We will not be in breach of this agreement, or otherwise liable, for any delay in performance, if, to the extent that any delay or failure is due to circumstances beyond its reasonable control, including, without limitation, breakdown of systems, or network access, flood, fire or accident.
16. Contacting OR
OR can be reached in the following ways:UK Telephone: 0844 335 6321 Email: firstname.lastname@example.org Post: Octopus Rock Limited, PO Box 2543, Buckhurst Hill, IG8 1JP.
17. Company Details
Octopus Rock is a registered trading name of Octopus Rock Limited, Company Reg 6561347, VAT No 935325719. Further company details available from Companies House.