Last updated: 12th January 2022
About these Terms
These terms and conditions (these “Terms”) apply to and form part of every contract between OTK Lifestyle Limited for purchases of products made by consumers (“the Customer”, “you” or “your”) on our website.
No terms and/or conditions which the Customer may seek to impose or which may be implied by trade, custom, practice or course of dealing shall apply. Details of the Contract will not be filed by us. These Terms are only available in English. No other languages will apply to these Terms.
We reserve the right to alter these Terms at any time. Any changes will take effect when posted on our website.
Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
OTK Lifestyle Limited is a company registered in England and Wales (company number 12583394, VAT Number 353630902) whose registered office address is at 31a New Cavendish Street, Flat 3, London, United Kingdom, W1G 9UF (“OTK”, “we”, “us” or “our”).
You can contact us by telephoning our Customer Service team on +44 7507 927 478, by email to firstname.lastname@example.org, or by post to OTK Lifestyle Limited, 31a New Cavendish Street, Flat 3, London, United Kingdom, W1G 9UF.
Keeping your contact details up to date
It is important that we keep all your contact details up to date. You must tell us (using any of our above contact details) if you change your name, address, email address or telephone number. For security, we may then contact you to confirm your change of details.
- Business Day – a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
- Contract– the agreement between you (Customer) and us (OTK) for the sale and purchase of the Goods, including these Terms and any Order Confirmation.
- Goods— the products that we sell to you under the Contract.
- Order Confirmation— our written confirmation of the Order.
- Order– your order for the Goods.
- Personalised Details – the initials which we receive from you and which are to be included on the Goods as specified on our website.
- Terms— these terms and conditions.
- UK - means the United Kingdom of Great Britain and Northern Ireland.
Our contract with you
- These Terms and the Order Confirmation together set out the whole Contract between the Customer and OTK. If any of these Terms is inconsistent with any term of the Order Confirmation, then the Order Confirmation shall prevail.
- A contract for the sale and purchase of Goods on these Terms shall become binding on you and us when we send you the Order Confirmation.
- You must check that the Order Confirmation is complete and accurate and inform us immediately of any discrepancy as we will not be responsible for any errors in your Order.
- If you place an order on behalf of someone else, you confirm to us that you have all necessary authority to do so. You must not impersonate any other person or use a false name or a name that you are not authorised to use. We may require confirmation from the account holder of your authority, which may include limits on your purchasing authority.
Purchase and availability of goods
- All Goods are offered subject to availability.
- When you have placed an Order, we will acknowledge it by email. This acknowledgment does not, however, mean that your Order has been accepted by us.
- We will only issue the Order Confirmation if the Goods are in stock or on order from our supplier. It occasionally happens that Goods are or become unavailable for reasons outside our control. If this happens, we will inform you if this means that delivery of any of the Goods will be delayed or has become impossible. If delivery has become impossible:
- we will do our best to offer you an acceptable substitute for the same or better standard and price which you can choose to accept or reject;
- we shall otherwise have no legal responsibility to you other than to make a refund or credit as appropriate.
Price of the Goods
- All prices are in pounds sterling (£) and include VAT at the applicable rate, but exclude delivery charges.
- The current list prices of the Goods we offer, details of our charges for delivery, and the current rate of VAT are published on our website. If a product is not listed, please contact us to check its availability and price.
- The contract price of the Goods, inclusive of any VAT payable and any applicable delivery charges, will be as set out in the Order Confirmation.
- We reserve the right to change our prices. No such changes will affect orders in respect of which we have already issued an Order Confirmation.
- We use all reasonable efforts to ensure that the prices shown on our website are accurate. However, errors may sometimes occur. If we discover an error in the price of a product, we shall be under no obligation to accept or fulfil an order at the incorrect price and reserve the right to cancel the order and refund you the price paid even after we have issued an Order Confirmation.
- Our standard policy is to process payment at the time of ordering. If we cannot supply you with the Goods that you ordered but you have already paid for them we will refund you as soon as possible and in any event within 30 days.
- We accept most major credit and debit cards including Visa, Mastercard, Switch/Maestro and American Express and allow for payment to be made by way of Apple Pay.
Delivery of Goods
- Where we have sent to you an Order Confirmation, we will make every effort to deliver the Goods to you:
- 2 Business Days after you place an Order, if you place an Order before 2pm on a Business Day; or
- within 3 Business Days if you place an Order on a Business Day on or after 2pm; or
- within 2 Business Days following the day on which you place an Order if you place an Order on a day other than a Business Day,
as long as you are located in the mainland United Kingdom (other than the Scottish Highlands, Northern Ireland and the Offshore Islands where delivery will take longer). In the event of any unforeseen delay outside of our control, we will inform you of the delay, the reason for it, and of the revised estimated delivery date in writing or by telephone. This will not affect your right to cancel the Contract. We deliver during working hours 9am to 5pm, Monday to Friday. Delivery timeframes in the EU take between 3 to 5 business days pending customs. Delivery timeframes worldwide take between 2 to 7 business days pending destination and customs.
- You will receive an email from our delivery partner with a tracking number when the Goods have been dispatched by us.
- If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we may elect to deliver it in instalments. We will not make any additional delivery charges for this. If you ask us to deliver the Order in instalments, we may apply additional delivery charges for each instalment. Each instalment shall be subject to these Terms.
- If a scheduled delivery fails to arrive by the latest estimated date, please advise us by telephone or in writing as soon as reasonably possible and in any event within seven (7) days of the estimated delivery date.
- Delivery of the Goods will be completed when we or our delivery partner acting on our behalf deliver the Goods to the delivery address provided by you when you placed the Order and as stated in the Order Confirmation. You may be asked to provide a form of ID (passport or photocard driving licence) so that we or our delivery partner can identify you.
- If nobody is available to take delivery of the Goods, please contact us in writing or by telephone (using any of our above contact details).
- We will not be responsible for any loss you suffer as a result of you instructing us to deliver the Goods to an address different to that stated in the Order Confirmation or for complying with your delivery instructions in respect of where to deliver the Goods at the address provided by you.
- You may cancel your Order at any time up to 14 days after the day on which you received the Goods (except where the Goods subject of that Order contain Personalised Details), without penalty and without having to give any reason. You cannot cancel an Order for Goods featuring Personalised Details.
- If you decide to cancel:
- you must notify us of your decision, in writing, within the 14 day period as above using the contact details at the top of these Terms. You may use the model cancellation form available here, but it is not obligatory;
- you must return the Goods delivered to you, as soon as reasonably possible, to OTK Lifestyle Limited, Flat 3, 31A New Cavendish Street, London, W1G 9UF, United Kingdom. You will have to bear the direct cost of returning the Goods; and
- the Goods must be returned in substantially the same condition in which they were delivered, and with all labels attached and with their original packaging and must reach us no later than 14 days after the date of our acknowledgement of your cancellation notice.
- You will lose the right to cancel if you do not follow the above.
- We will within 14 days of receiving the Goods from you or, (if earlier) 14 days after the day you provide evidence to us that you have returned the Goods, either refund the appropriate amount to you (including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us)), or credit it against any other amount(s) you owe to us, and confirm what we have done in writing to you.
- We will make the refund using the same means of payment as you used for the initial purchase, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
- We may withhold the refund until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
- We may make a deduction from the reimbursement for loss in value of any Goods, if the loss is the result of unnecessary handling by you.
Title and risk
- The Goods will be your responsibility from completion of delivery to you.
- Ownership will only pass to you when we receive payment in full of all sums due in respect of the Goods, and any other goods that we have supplied to you.
Acceptance of Goods and quality control
- It is your responsibility to check the Goods on or as soon as reasonably possible after their delivery to you.
- The packaging of the Goods may be different from that shown on the website. We try to ensure that the colours of the Goods as shown on the website are accurate but the actual colours of the Goods as shown on your device may differ depending on the device that you use.
- If any of the Goods are believed to be not in conformity with the Contract, not as described, not fit for purpose or not of satisfactory quality (or any combination of these standards), please retain them and let us know as soon as reasonably possible by telephone or in writing (using any of our above contact details).
- Any damaged, missing or incorrect Goods should be:
- reported to the carrier and noted on the delivery note and/or the carrier’s electronic handheld device at the time of delivery; or, if that is not possible,
- reported to us by telephone or in writing (using any of our above contact details) as soon as reasonably possible.
- We shall be entitled to reject any claim for damaged Goods, incorrect quantities or incorrect Goods if you do not notify us as soon as reasonably possible and in any event, within 10 Business Days of the day of delivery.
- We are under a legal duty to supply Goods that are in conformity with the Contract. The Goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
- If we are satisfied that the Goods were unsatisfactory at the time of delivery, we will replace them.
- If replacement is not reasonably possible, we will make an appropriate refund or credit to you.
- These Terms will apply to any replacement Goods we supply to you.
- Nothing in these Terms will affect your legal rights. For detailed information regarding your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Our legal responsibility to you
- If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
- We do not exclude or limit in any way our legal responsibility to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods.
- Due to the nature of the Goods, we shall have no legal responsibility to you for any fault or deterioration in any Goods we sell to you which arises, after its delivery to you, as a result of fair wear and tear, wilful damage, accident, negligence by you or any third party, or from your handling or storing the Goods inappropriately.
- We are not liable for business losses. We only supply the Goods for your domestic and private use. If you use the Goods for any commercial, business or re-sale purpose we will have no legal responsibility to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- In entering the Contract, you have not relied on any statements or representations made orally or otherwise which are not included in these Terms.
- We will not be responsible to you for any delay or failure to comply with our obligations under this Contract if the delay or failure arises from any cause beyond our reasonable control.
- It is important that we keep all your contact details up to date. You must tell us (using any of our above contact details) if you change your name, address, email address or telephone number. For security, we may then contact you to confirm your change of details.
- If you have any complaints in respect of the Goods or the service provided by us in the provision of the Goods, please contact us as soon as possible to email@example.com.
Other important terms
- We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are unhappy with the transfer you may contact us to end the Contract within one month of us telling you about it and we will refund you any payments you have made in advance for Goods not provided.
- You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
- The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- This Contract shall be binding on, and enure to the benefit of, the parties and their respective personal representatives, successors and permitted assigns, and references to the Customer or OTK shall include that party’s personal representatives, successors and permitted assigns.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
- Where the Customer is two or more persons your obligations under the Contract shall be obligations of each of you jointly and separately.
- In these Terms, a reference to writing or written includes email.
- These Terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.