Terms of service
To protect your own interests please read these terms and conditions carefully. If you are uncertain as to your rights under them or you want any explanation about them please write, telephone or email us prior to placing your order.
Whilst we endeavour to ensure the accuracy of our colour images on this website, we cannot be held responsible for any inaccuracy or misunderstanding due to colour images not seeming to match the actual product they portray. Computer monitor setups vary enormously so it is impossible to ensure colours appear the same from one computer screen to another
We do not store any credit or debit card information at Oscha or on the Oscha servers. All credit and debit card transactions are carried out and handled securely in a manner as required by the credit card companies by our payment gateway provider, PayPal.
YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing Goods from Oscha Wear you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of Oscha Slings Ltd (“the Seller”, “We” or “Us”), for certain products as set out in the pages on this site (“the Goods”), based at:
Oscha Slings Limited
24/4 Dryden Road
Loanhead
Midlothian
Scotland GB EH20 9HX
The registered company number is SC432712.
Subject to the provisions of Clause 4.2 below, the price of the Goods, the delivery charges and Value Added Tax where applicable is set out on the Order Form.
In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw can be found in Clause 9 below.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEBSITE.
1. Interpretation
1.1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
‘Delivery Area’ means details of the delivery address as provided by you;
‘Goods’ which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Website in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
‘Website’ means our presence on the World Wide Web, currently accessible via the address http://www.oschawear.com
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those Goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us. We reserve the right to reject any order after any confirmation email has been received by you.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3. Orders
3.1 Confirmation. Once you have paid for your order, you will receive an order confirmation email immediately. If you do not receive this, please contact info@oschaslings as there may have been an issue with processing payment and the order may not have completed.
3.2 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.3 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
3.4 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
3.5 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.6 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
3.7 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements.
3.8 We are unable to combine separate orders for shipping, or to separate an order to be shipped to separate addresses. We are also unable to add items to orders that have already been paid.
4. Price of the goods
4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you, the price for the Goods will be the price you viewed upon placing your order.
4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by email or in writing that the new price is acceptable. If it is not acceptable then you have the option of cancelling the order.
4.3 The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on the Order form.
4.4 Prices show local taxes and duties included for customers in the UK and European Union, there will be nothing more to pay upon delivery.
5. Terms of payment
5.1 Upon providing us with details of the Payment Card and submitting the Order you:
5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
5.2 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
5.3 Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.
5.4 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
5.5 In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.
6. Delivery
6.1 Orders are shipped directly from the warehouse usually within 3 working days from the purchase date, and we will contact you if we are unable to meet this date.
Timescale guidelines for shipping:
- UK - 3-5 days
- Europe (non EU and EU) – 5-10 days
- International – 10-20 days
Please note: these times are estimates from our mail service providers.
6.2 Delivery of the Goods shall be made by various partner couriers to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when they deliver. Once the Goods have been delivered it is your responsibility to check them over and contact us within 7 days if there are any flaws in your Goods or errors with your order. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
6.3 Once an order is placed, the delivery address cannot be changed.
6.4 Your package will be shipped from the UK with the retail price declared on the package, your customs fees will depend on the country of delivery. Customers in the US will not be charged customs as long as their order comes to under $800. Some EU orders are shipped from within the EU. EU customers do not pay additional VAT but may be subject to duties for orders over 150 euros
6.5 We reserve the right to change shipping couriers at any time and without notice, including for orders already taken.
6.6 Once your Goods have been collected by the Mail Courier it is their responsibility to deliver within a reasonable timescale. We cannot be held responsible for delays beyond our control. We will do all that we reasonably can to make sure the Goods are delivered in a timely manner. If we are unable to make the shipping date specified on our Shipping page we will email you. If delivery is delayed by our couriers, you must contact us in order for us to submit a claim on your behalf. We will settle any missing, delayed or damaged items within 8 weeks of the dispatch date on your order confirmation with a full refund or exchange. We would expect you to contact us if a missing item arrives with you after the claim has been settled, you will be required to either pay for this item or send it back to us, at our cost, providing these are reasonable.
6.7 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
6.8 If the wrong item is delivered to you, it is your responsibility to inform us within 14 days of the delivery date. We will refund the item and you can place a new order.
7. Risk and property
7.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date they are delivered.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods.
11. Warranties and liability
11.1 Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
11.2 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
11.3 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as the item has been delivered. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 30 days from the date of delivery. If you intend to report a defect the item must not be washed or worn, as doing so may invalidate your claim.
11.3.1 All reports of a defect will be approved by our Quality Control team. Manufacturers faults or flaws will be accepted, any flaws caused by improper use or care may be refused.
11.3.2 As a natural product there may be traces of an organic scent. This is an untreated natural odour as no chemical softeners or detergents are used in the manufacture of the item or its packaging and will disappear with washing and use. Claims may be refused on the basis of natural odour.
11.4 Where a valid claim in respect of Goods delivered is notified to us within 30 days of the delivery date you are entitled to:
reject the Goods and receive a full refund with return posted covered by Oscha;
receive a discount to compensate for having to fix a confirmed flaw;
or have the Goods (or the part in question) replaced free of charge (including the return and redelivery costs), if available.
11.4.1 Any claims made after 30 days of delivery, made for an item which shows signs of being washed or worn, or where the cause is determined to be improper use or care will not be eligible for the above compensation.
11.4.2 Manufacturers Faults (Peace of Mind Guarantee)
Customers have a period of 2 years to report any manufacturer’s faults which affect the safe use of the item. These will be assessed on a case by case basis and a free repair will be offered where appropriate. If a repair is not possible a replacement will be issued, the replacement will be as similar as possible to the original item. Proof of purchase must be provided. Items bought on the second-hand market or gifted are not covered by this warranty.
11.5 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
11.6 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
11.7 We assume no responsibility for the contents of any other websites to which this Website has links.
11.8 It is the responsibility of the customer to use our products with discretion. We do not accept responsibility for the misuse of our products. We accept no responsibility for deterioration of the products due to the customer’s incorrect storage conditions. The customer should ensure that the products are stored according to label instructions and are kept in hygienic conditions to minimise the risk of deterioration in the product resulting from external contamination.
12. Right to Cancel
12.1 You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price (minus any duty paid on www.oschaslings.com or direct to the courier, if purchasing outside the UK). Original delivery costs will also be refunded for customers purchasing from within the UK. (When returning goods, please please ensure there is suitable compensation in case of loss or damage.) We are currently providing a refund of Import Tax & Duties to all customers from France & Germany who return items to us. This is only applicable to customers who choose to pay these Taxes & Duties at checkout.
12.1.1 Items purchase at a discounted rate, either during a sale or as a 2nd or 3rd Grade item, have a period of 7 days in which to inform us of a return.
12.1.2 You may refuse your delivery at your own risk, once the item is returned to us we will issue a refund, (minus the outward postage costs if you do not live in the UK). Refusal of a delivery will be subject to a restocking charge which covers the cost of return, please contact us on info@oschaslings.com for further details.
12.2 During the cooling off period any cancellation must be given by written notice by either party.
12.3 Goods must be returned complete, unused and undamaged with all accessories and instructions, and be suitable for resale. All labels must be attached to the product and the original packing must be returned in its original condition.
12.4 Preorder items cannot be returned, and the contract cannot be cancelled, unless there is agreement with Oscha Slings that the item is faulty. You must contact us to discuss the issue before returning the item. If the item is faulty, it will be replaced provided a replacement exists. A refund will be offered if no suitable replacement exists.
12.5 In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us.
13. Communications
13.1 Any communication sent electronically by e-mail or otherwise:
13.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
13.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
13.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
13.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
13.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
13.3 Any communication over email, telephone or written must not be shared with any third party, this communication is deemed to be private between members of staff and individual customers.
13.4 By purchasing from a Preorder you are agreeing to be contacted by Oscha regarding the process of production, and with information regarding the items in the Preorder. If you would like to opt out of these communications please unsubscribe on the email or email info@oschaslings.com.
14. Copyright
14.1 All copyright, trademarks and all other intellectual property rights in this Website and its content (including without limitation the Website design, text, graphics, all software and source codes connected with the Website) are owned by or licensed to Oscha Slings Ltd.
14.2 In accessing the Website you agree that you will access the content solely for your own personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed in any way whatsoever without the prior written consent of the copyright holder.
14.3 All products sold on the Website, along with any accompanying documents, remain the intellectual property of Oscha Slings Ltd, with regards to and without limitation the product design, pattern, text and graphics, and must not be copied or reproduced in any way whatsoever without the prior written consent of Oscha Slings Ltd.
15. General
15.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
15.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
15.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
15.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
15.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within Scotland.