This Agreement is a legal document that sets out your rights and obligations in relation to this site (the “ Sound Exchange Sales site“) and the products offered by us through it (“ Sound Exchange Sales Products”).
You must take the time to read and understand this Agreement before using the Sound Exchange Sales site or making a purchase of an Sound Exchange Sales 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 12 below.
If you have queries relating to this Agreement, before placing an order for an Sound Exchange Sales Product, please email our customer service team at [email protected]
Please note that we reserve the right to withdraw the Sound Exchange Sales site from time to time to enhance the site’s functionality and performance.
2. Sound Exchange Sales Product Details
Sound Exchange Sales Products are subject to availability. We endeavour to ensure our stock systems are accurate at all times, but if on the rare occasion an Sound Exchange Sales Product is found to be out of stock at the time we pick your order, we will inform you, and you will be refunded.
At Sound Exchange Sales, we endeavour to display the true colours of Sound Exchange Sales Products as accurately as we reasonably can. However, we cannot guarantee that the colour of an Sound Exchange Sales 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 Sound Exchange Sales Products are as accurate as we can reasonably make them.
We continually update the Sound Exchange Sales site, and regularly have offers and promotions which are not available in our other stockists.
All orders placed over busy periods such as Seasonal Sales, Christmas, Black Friday may take longer than usual due to the increased volume of orders.
We aim to send out Sound Exchange Sales Products on the working day after we receive an order, or (if an order is received by noon GMT) on the day we receive the order; however, this is not guaranteed.
We will contact you if there is an excessive delay with the dispatch of your Sound Exchange Sales Products.
Unless otherwise stated, we use DPD couriers for the delivery of Sound Exchange Sales Products.
All deliveries to a UK address will be on a standard next working day delivery service (e.g. Monday to Friday 8.30 am to 5.30 pm), although deliveries to Scottish Highlands and Northern Ireland will take longer, usually two working days.
Actual delivery timescales may vary according to external factors and 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 fulfil orders for any reason. This includes orders for Sound Exchange Sales Products with mis-published price or specification information.
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.
All prices include VAT where applicable. orlakiely.com operates on a “single price” basis and consequently, the total price of an order at the checkout represents the total price payable by you. This is regardless of your delivery address and whether you are purchasing the order as an individual or on behalf of a business. It is inclusive of VAT (or VAT equivalent) to the extent it is applicable in law.
There is only one delivery charge per order.
If you have provided your email address and phone number while placing your order then our couriers will contact you (by email and text notification) of a 1-hour delivery window on the day of delivery and offer extensive “in-flight” options to reschedule the delivery if you’re going to be out.
A maximum order of 10 of the same Sound Exchange Sales Product may be made by any one person.
Discount codes and promotions cannot be used in conjunction with each other unless specified on the specific code or promotion. I.e. combining your sign up discount code with a free giveaway.
5. Our Returns Policy
We understand that you may occasionally want to return items that are not suitable. If you are not satisfied with a product purchased from our online store, please contact [email protected] within 30 days of delivery.
Please note the following exception: For hygiene reasons, we are not able to process returns of some of our homeware products, specifically facemasks, bedding and towels.
Items purchased online from the Sound Exchange Sales site can only be returned in accordance with the above and cannot be returned to any of our other stockists. Likewise, items purchased in a store must be returned to the store of purchase. This applies to faulty items also.
Returned items will be refunded provided that you do not use the item, it is in the same condition, and includes full packaging as when you first bought it, complete with dust bag (if provided); and that you have taken reasonable care to ensure that any item is returned to us safely and not damaged in transit.
We aim to process refunds no later than 10 working days after receipt of the goods back at our warehouse.
In the unlikely event of the goods being faulty please contact us at [email protected] as soon as possible.
Please note that we are unable to offer exchanges. If you would like to receive another item your return will be refunded, and we kindly ask that a new order is placed online for the new item.
In exceptional circumstances, we may unintentionally publish inaccurate information on the site (e.g. the price, description or availability of a product that you have ordered). In such instances we may have to cancel your order at any time up to the point we dispatch your order, even if you have received your Order Confirmation email. In the unlikely event this happens you will receive a full refund of any charges already paid.
Should we withdraw our Returns Policy above or if there are Sound Exchange Sales Products to which the Returns Policy does not apply, then your right to cancel an order will be governed by the remainder of this Clause 6.
You have the right to cancel or return your order for an Sound Exchange Sales Product within 30 days of receipt.
You can cancel your order for an Sound Exchange Sales Product during this time by emailing [email protected] with a clear statement of your wish to cancel.
You must take reasonable care of the Sound Exchange Sales Product while it is in your possession. If you cancel during the 30 day cancellation period and return the Sound Exchange Sales Product in good condition, then you will receive a refund of all monies received, including the outbound delivery cost.
If you require a refund on a discounted Sound Exchange Sales Product, please note that you will be refunded the discounted price.
Payments are processed at the time of ordering; however, we only process orders that have been approved through our payment platforms available.
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’ during payment, 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 accordingly using your chosen payment method.
When entering address details, please be aware there is a difference between the delivery address and billing 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, then ensure to fill in the correct details in the right fields.
All prices of Sound Exchange Sales Products include VAT at the current rate. We do not exclude or refund VAT for any orders. You, as the purchaser, are responsible for any other taxes or duties (such as import duties) payable on Sound Exchange Sales Products, not us.
8. Intellectual Property
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Sound Exchange Sales site and Sound Exchange Sales Products are owned by, or exclusively licensed to, us.
No one may copy, distribute, show in public or create any derivative work from the Sound Exchange Sales site, an Sound Exchange Sales Product or any of the material which is found on the Sound Exchange Sales site without the explicit written permission of the company.
10. Additional Services
We or our affiliates may offer new or additional services through the Sound Exchange Sales 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 Sound Exchange Sales 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.
1. We warrant that Sound Exchange Sales 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 Sound Exchange Sales Products will meet your requirements.
2. 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.
3. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
4. 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 torts) 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 Sound Exchange Sales Product shall be limited to whichever is the greater of:
· £10 (ten pounds); or
· The price you paid for that Sound Exchange Sales Product.
· We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other torts) or otherwise:
· for any loss of revenue, business anticipated savings or profits, or
· 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 Sound Exchange Sales Product or other non-performance of this Agreement or otherwise.
· 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.
· The provisions of this Clause 11 shall survive the termination or expiry of this Agreement.
12. Entire Agreement
This Agreement is intended to contain your entire agreement with us relating to the Sound Exchange Sales site and Sound Exchange Sales Products; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Sound Exchange Sales site or Sound Exchange Sales 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.
13. Changes to this Agreement
We reserve the right to change this Agreement from time to time and post the new version on the Sound Exchange Sales site. Once posted on the site, the new version will take effect for any activity on the Sound Exchange Sales 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 Sound Exchange Sales Product, shall be governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.