TERMS AND CONDITIONS (THE OUD CO.)
Terms and conditions of Business and Use
30th October 2020
This website is operated by The Oud Co.. Throughout the site, the terms “we”, “us” and “our” refer to The Oud Co.. The Oud Co. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Oud Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Oud Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - FAULTY PRODUCTS
If you buy any of our products and you find the bottle to be faulty. We will only be able to issue a refund or an exchange if proof of purchase is presented and after we have inspected the item in question to verify if this qualifies for a refund or an exchange.
SECTION 21 - DELIVERY
We will deliver your products to anywhere in the United Kingdom (including Northern Ireland, the Highlands, Scottish islands, the Isle of Man and the Scilly Isles. We also deliver to the rest of Europe. For the rest of the world please check with us before placing an order as not all items are able to be delivered outside the EU.
We normally deliver Monday to Friday, 7.30am to 5.30pm according to your delivery instructions. If you are not there, the driver will try to contact you afterwards and if three delivery trials have taken place without success the item will be returned back to us and you will be required to pay the shipping charges to get it re-delivered to your address.
SECTION 22 - DELIVERY TIMES
All products listed on the website are subject to availability, and, if they are subsequently found to be unavailable once an order has been placed, you will be informed via email or telephone as soon as your order is processed by one of our office team. We will always endeavour to offer an alternative.
Products ordered on the website before 9am Monday to Friday will be delivered in three to five working days if recipient address is in the UK, and it will take up to 10 days for any European delivery, up to 15 days for rest of the world, unless notified of any delay by e-mail or telephone. If your order is placed on a Saturday, Sunday or a Bank Holiday, it will be processed the next working day.
We deliver up to 4pm Monday to Friday. We DO NOT deliver on Saturdays, Sundays, Bank or Public Holidays, Christmas Eve or New Year’s Eve. If your order is placed on a Saturday, Sunday or a Bank/Public Holiday, it will be processed the next working day.
Please ensure that you give us your best contact telephone/mobile number so that we can call you to arrange a suitable delivery time. All deliveries require a signature on receipt.
Please note, this is not a guaranteed service and all delivery times are estimates only. We are unable to guarantee any delivery dates or times as delays may occur that are outside our control. We will of course endeavour to keep you informed at all times via email or by telephone.
If we attempt delivery at an agreed time and delivery is not possible we reserve the right to charge for re-delivery unless you have given us pre-authorisation to leave the goods in a safe place. If this is agreed it will be at your risk.
SECTION 23 - STOLEN ITEM
If you give instructions for us to leave your items outside your house or in a safe place and the package gets stolen, sadly we cannot be held liable for this loss.
SECTION 24 - BREAKAGES
In the event that any of the products in your parcel are found damaged, please let us know within 7 days of receiving the item. The item will then be inspected by us to determine if it qualifies for a replacement or a refund. In some cases we might require you to ship the item back at your own cost to physically inspect the product if the damage is not visually obvious. Once the item has been inspected and the damage verified we will credit your account with the price you paid for the damaged items or issue an exchange. Please note the delivery charge will not be refunded.
If you have any queries regarding delivery please contact us at email@example.com
SECTION 25 - RIGHT TO TERMINATE
Our Breakages and Faulty item policies are for the good of all of our customers. If we feel that they have been abused, we reserve the right to close your account, by deactivating it, once we have met our obligations under this promise. If we do deactivate your account, and you choose to make another purchase, whether through that account or any other, then our obligation to you for any claim will be limited to your statutory rights.
SECTION 26 - PRICES AND PAYMENT
All prices are quoted in pounds sterling, and may be per item, as marked. The prices include Value Added Tax, when applicable. Any delivery charges are additional.
We accept payment by Visa, MasterCard, Amex and other major debit & credit cards. We also accept Apple Pay.
We reserve the right to terminate any special offer at any time, without notice.
SECTION 27 - CANCELLATIONS
You may cancel your order for any reason whatsoever at any time up to 24 hours from the date you placed your order.
To to cancel your order you must notify us by email at firstname.lastname@example.org within the specified 24 hours.
We shall reimburse the price of the items within 30 days from the date you notify us of the cancellation.
SECTION 28 - RETURNS
If some or all of the products are broken or spoiled when they are delivered you should notify us as soon as possible. You may choose either to return the whole parcel or just the affected products for a refund.
You must notify us by email at email@example.com of all products which are due to be returned for any of the reasons stated in this clause within 7 days from delivery of the products, otherwise you cannot rely on the Clause above.
All refunds and reimbursements will be paid within 30 days of you notifying us of your wish to return under that clause, provided the product has been collected by our carrier.
Any products collected by our carrier must be in their original box to avoid further breakages, where possible.
Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or mis-described goods. Further information about your rights is available from your Local Authority Trading Standards Department or Citizen’s Advice Bureau.
If you don’t tell us, before we ship your products, that you don’t wish to receive your order and then ask to return it, a charge of £5.00 will be payable.
Due to health and safety reason, any products that have been opened, cannot be returned.
SECTION 29 - INTELLECTUAL PROPERTY RIGHTS
You agree and acknowledge that we own and are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of this web site, and to the business of THE OUD CO., the structure, design and layout of the website.
You are entitled to use our web site in accordance with these Terms and Conditions only. You must obtain our prior written consent before you use our website or any part of it in any other manner.
All persons, individual and corporate, are prohibited from providing text or other links to the Theoudco.com website, from their own website or from a third party’s website, without our prior written consent.
SECTION 30 - LIMITATION OF LIABILITY
We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
i. loss or damage was not foreseeable to both parties when the contract was formed;
ii. loss or damage was not caused by any breach on the part of the supplier;
iii. loss or damage relates to business and/or non-consumers.
We will not be liable for loss or damage caused by the customer handling the product. In particular we will not be liable for spillages or breakages.
Customers should also be aware of the following inherent risks and warnings:
i. Some of our spray products may contain chemicals which may be considered hazardous.
ii. Some of our spray products contain Alcohol Denat which is flammable; please keep out of reach of children and away from any ignition source.
iii. Our products are not to be orally consumed; we will take no responsibility if an individual uses our products for other than the specified on the packages.
iv. Some of our products contain ingredients which are sensible to light or heat, please keep them in a dry place and away from sunlight for best maintenance of quality.
We shall not be liable for any delay in delivering your products if that delay or failure is caused by circumstances beyond our control such as, Brexit, war, riot, civil commotion, malicious damage, act of terrorism, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
The Oud Co. may change or add to these terms and conditions for security, legal or regulatory reasons. We will not use this right to vary the terms of any special offer that applies to you.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order for whatever reason or you have cancelled it in accordance with section 27 above. We will pass on delivery of the products, provided that we have processed and received payment in full for the products.
Relevant United Kingdom law will apply to these terms and conditions and the relevant courts of the United Kingdom will have exclusive jurisdiction.
SECTION 31 - PAYMENT
We accept payment from customers by Visa, Mastercard, and other major debit & credit cards. We also accept Apple Pay. In the case of payment by bank transfer, the order(s) will only be shipped when cleared funds have been received in our bank account.
SECTION 32 - YOUR PRIVACY
We are totally committed to protecting the privacy of our site visitors and customers. We are all customers of other Internet sites and fully appreciate and respect the importance of privacy on the Internet. We will not disclose information about our customers to third parties except where it is part of providing a service to you – e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so.
SECTION 33 - YOUR CONSENT
We will not sell, or make available, your name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom you may have linked to our site) without your permission.
SECTION 34 - COMMUNICATION & MARKETING
If you have made a purchase, or registered on our site, we may update you on our latest products, news and special offers via e-mail, post & telephone. You have the option to opt-out of receiving marketing communications from us and/or selected third parties.
SECTION 35 - UPDATING YOUR PREFERENCES
You can opt out of receiving email marketing communications at any time by email in us at firstname.lastname@example.org. Or you can write to us (including full details of your request) at the address provided at the end of this policy.
SECTION 36 - PROTECTING YOUR SECURITY
We may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity – a credit check is not performed and your credit rating is unaffected.
SECTION 37 - TRANSFERS OF YOUR INFORMATION
Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
SECTION 38 - DISCLOSURES OF YOUR INFORMATION
We may disclose your personal information to any of our group of companies. We may only also disclose your personal information to third parties:
in the event that The Oud Co. sells or buys any business or assets;
if The Oud Co. or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
SECTION 39 - CHECKING YOUR DETAILS
If you wish to verify the details you have submitted to us you may do so by contacting us via the e-mail address or address given below. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail and password. We would strongly recommend that you do not use the browser’s password memory function as that would permit other people using your terminal to access your personal information.
SECTION 40 - COOKIES
SECTION 41 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com or 6 Yorkton Street, LONDON, E2 8NH, United Kingdom