Last Christmas Orders 22nd December 2017

Terms & Conditions

Terms and Conditions

Information about us 



www.otiumberg.com is a site operated by Otiumberg Limited Company number 08740546 whose registered office is at Flat 1, 16 Stanhope Terrace, Lancaster Gate, London, W2 2SH 37 ("we" or "us"). Our main trading address is Flat 1, 16 Stanhope Terrace, Lancaster Gate, London, W2 2SH. Our VAT number is 174652002.

The Terms and Conditions of Supply on this page together with our Privacy Policy  and Terms of Website Use tells you information about us, how you may use our website www.otiumberg.com (our "Website"), and sets out the legal terms and conditions on which we sell any of the products (“Goods”) to you.

Terms and Conditions of Supply

The contract between you and us

These Terms will apply to any contract between us for the sale of Goods to you (“Contract”).   

Please read these Terms carefully and make sure you understand them, before ordering any Goods from our Website.  Please note that before placing an order you will be asked to agree to these Terms.  If you refuse to accept these Terms, you will not be able to order any Goods from our Website.

Our Website guides you through the steps you need to take to place an order with us.  Our order process allows you to check and amend any errors before submitting your order to us.  Please take the time to read and check your order at each page of the order process.

After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the item in question for the price advertised on our Website. All orders are subject to acceptance by us and we will confirm this acceptance to you by sending you an email that confirms that the Goods have been dispatched (the "Dispatch Confirmation"). The Contract will only be formed when we send you the Dispatch Confirmation.

Consumer rights

If you are contracting as a consumer, you may cancel a Contract in accordance with your legal rights at any time within fourteen working days from the date of delivery of the Goods.

For information relating to the return of goods purchased from our website, please refer to our Returns page

Consumer Issues

If we are unable to supply you with a Good, for example because that Good is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site (as referred to below), we will inform you of this by email and we will not process your order.  If you have already paid for the Goods, we will refund you the full amount including any delivery costs as soon as possible.

Price

The prices of Goods will be as quoted on our Website at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered into the system.

It is possible that, despite our best efforts, some of the Goods on the Website may be incorrectly priced.  If we discover an error in the price of the Goods you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order.  We will not process your order unless we have received your instructions to do so.  If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.  Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.

The price of Goods includes VAT at the applicable current rate chargeable in the UK for the time being.  However, if the rate changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes place.

The price of Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order.  Please refer to our Delivery and Returns page for further details of delivery charges.

Product Representation

We try our best to give an authentic representation of the pieces we sell. Our online style team work hard to showcase each item in its true form however images of the Goods on our Website are for illustrative purposes only. 

Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly.

In addition, due to varying monitor sizes, the sizing and proportion may not be shown to actual size, however we do our upmost to provide detailed measurements and descriptions to ensure you are well informed before making your purchase. Our mission to provide you with the most unique and high-quality jewellery means that some of our pieces are individually handcrafted and therefore many vary slightly. Where applicable we have highlighted this in the product description.

Terms specific to the purchase of jewellery

We try to give as much guidance as possible when it comes to ring sizes however we cannot be responsible for determining a ring size. Some like to wear their rings loose, others tight and therefore it is impossible to ensure the guide we give you is right for you. Please find our ring size guide here: RING SIZE GUIDE

Need the same ring but in a different size? Please follow the instructions here: RETURNS

Use of Our Site

Your use of our site is governed by our Terms of Website, see here: TERMS.

Please take time to read these as they form part of the Otiumberg Terms which, as set out above apply to you.

How We Use Your Personal Information

We only use your personal information in accordance with our PRIVACY POLICY

Please take time to read these as they form part of the Otiumberg Terms which, as set out above, apply to you

Payment for Goods

All payments on Otiumberg.com are processed via Sage Pay. We assume no liability whatsoever for the availability and functionality of these services. We assumes no liability for any financial loss caused by the use of Sage Pay payment service. The company details of Sage Pay are as follows: Sage Pay is a division of Sage (UK) Limited (company number 4176403) whose registered office is at North Park, Newcastle Upon Tyne, NE13 9AA and is entered in the register of data of controllers with number Z8245307.

Transfer of rights and obligations

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

As this is a Contract between you and us.  No other person shall have any right to enforce any of its Terms.

Our liability

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these Terms or our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

Nothing in these Terms excludes our liability for;

  • death or personal injury arising from our negligence;
  • fraud or fraudulent misrepresentation
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979;
  • defective Goods under the Consumer Protection Act 1987
  • or any other liability which cannot be excluded or limited under applicable law.

However, we will under no circumstances whatever be liable to you, whether in contract, tort, breach of statutory duty, or otherwise arising under or in connection with the Contract for:

  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.

Your concerns

If you have any concerns or feedback about material which appears on our Website, please email us at contact@otiumberg.com

Notices

All notices given by you to us must be given to us at contact@otiumberg.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the email address provided above.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing by us.

Severability

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

Our right to vary these Terms


We reserve the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.


You will be subject to the policies and the terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Goods).

Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with English law. Dispute arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.


Terms of Website Use

Please read these Terms of Website Use (“Terms of Use”) carefully before you start to use the Website, whether as a guest or registered user. By using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. In addition, these Terms of Use refer to the following terms, which also apply to your use of our site:

  • Our Privacy Policy which sets out the permitted terms on which we process any data we collect from you, or that you provide to us.  By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Terms and Conditions of Supply which sets out the legal terms and conditions on which we sell Goods to you.

If you do not agree to our Terms of Use, please refrain from using our Website.


 
Accessing our website

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site.  You should use your own virus protection software.

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of the Terms, and that they comply with them.

Intellectual property rights

All copyright, trademarks, and all other intellectual property rights in our Website and its contents (including the Website design, text, graphics, and all software) are owned by or licensed to us, or otherwise used by us as permitted by law. In accessing our Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Otiumberg. Limited. This excludes the downloading, printing or copying of pages of our Website for personal, non-commercial home use only. You may copy the content to individual third parties for their personal use, but only if you acknowledge our Website as the source of the material.

Reliance on information posted

Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Changes to our website and/or these Terms Of Use

We reserve the right to change or remove the Website or any part of the Website without notice (permanently or temporarily) and we shall not be liable for any such change or removal.

We reserve the right to make change in the Terms  at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such a change. We recommend that you check the Terms regularly if you are continuing to use the Website.

We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

Privacy

We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Prohibitions of use

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page.

The website in which you are linking must comply in all respects to our Website Acceptable Use Policy. See TERMS

We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our Website other than that set out above, please address your request to hello@otiumberg.com.

Links from our Website

Our Website may contain links to other websites of interest owned and operated by third parties. This is for information purposes only. 

Once you have used these links to leave our Website, you should note that we do not have any control over those websites and we are not responsible for those websites, their availability or content.

Limitation of our Liability

We will not be liable to any user for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

We will not be liable to any user of our Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if forseeable, arising under or in connection:

  • Use of or inability to use, our Website; or
  • Use of or any reliance of content displace on our Website.

We assume no responsibility for the content of websites linked on our Website.  Such links should not be interpreted as endorsed by us or those linked websites.  We make no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability or quality of any of their products or services. Further, we accept no liability whatsoever for any liabilities that arise as a result of your accessing these third party websites.

Different limitations will apply to liability arising out of the supply of any Goods by use of the Website to you, which are set out in our Terms

Applicable Law

These Terms of Use shall be governed by and construed in accordance with English law. Dispute arising in connection with these Terms of use shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

To contact us, please email hello@otiumberg.com