ouiBARK - Terms & Conditions
- We are ouiBARK a trading name of Yes To Planet Limited, a company registered in England and Wales (company number 11595649), and with our registered office address at Churchdown Chambers, Bordyke, Tonbridge, TN9 1NR, United Kingdom.
- These Terms and Conditions of sale tell you information about us and the legal Terms and Conditions with which we sell the products listed on our website www.ouibark.com.
- Please read these Terms and Conditions carefully before ordering any products from www.ouibark.com. These Terms will apply to any contract between us for the sale of products to you. You should print a copy of these Terms and Conditions or save them to your computer for future reference.
- By ticking the box on our website prior to placing your order with us which says “I Accept The Terms and Conditions of Sale”, you are agreeing to be bound by these Terms. If you do not accept these Terms and Conditions, you will not be able to order any products from us.
- We may amend these Terms from time to time in accordance with these Terms & Conditions. Every time you wish to order products, please check these Terms to ensure that you understand the Terms that will apply at that time.
- If you have any questions about these Terms or need advice as to your legal rights, advice is available from your local Citizens’ Advice Bureau or Trading Standards Office.
Use of ouiBARK website
- The images of products shown on the website are for illustrative purposes only. Although we have made every effort to display the colours and designs accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the actual colours of our products. The product you receive may vary slightly in colour from the image on your screen and the design position may differ slightly.
You may only place an order through our website if:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- you are a consumer (this means that you are an individual purchasing the products outside the course of your business or trade).
You confirm and agree that all products you order are for your own private and domestic use and are not for resale.
How the contract is formed between you and us
- Our shopping pages will guide 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 ensure that you have checked your order at each stage of the order process. Please note, once you have placed an order with us, we are unable to amend it.
- All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email (sent to the email address that you have provided when placing your order) which confirms that we have received your order (the “Order Confirmation”).
- If we are unable to supply you with a product you have ordered, for example, if the product is out of stock or because of an error in the price on our website or inability to authorise your payment, we will inform you of this by email or telephone and the Contract will terminate. If you have already paid for the products, we will refund you the full amount paid as soon as possible.
- All orders are subject to acceptance by us as noted above, and we will subsequently notify delivery to you by sending you an email that confirms that the product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will be satisfied for those products noted in the email when we send you the Dispatch Confirmation.
- The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
- Nothing in these Terms and Conditions affects your legal rights in respect of products which are defective.
- In the event of a damaged item, please email us at firstname.lastname@example.org.
- All returns for potentially defective products will be examined once they have been received by us and we will notify you if you are entitled to a refund via email within a reasonable period of time.
- We will usually process any refund due to you as soon as possible and, in any case, within 30 calendar days of the day we notified you via email that you were entitled to a refund for these products.
- If it is the case that we notified you that you are entitled to a refund, you will receive a full refund of the price paid for the product, including the original delivery charges (if any) and the reasonable cost of returning the product to us by normal postal service only.
- Delivery will take place within 30 calendar days of the date of the Order Confirmation, save where a longer period is agreed between us. We will endeavour to fulfil your order by this estimated delivery date but we cannot guarantee this.
- If we do not deliver your product within these 30 calendar days or within the other time period agreed between us, you may cancel your order by contacting us using our Contact Details.
- If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the product resulting from our following of your delivery instructions.
- Delivery will be complete when we deliver the product to the address you gave us or in accordance with your instructions detailed on the order.
- You will own the product once delivery is complete.
- Due to any COVID related issues, you may experience delivery delays.
- We deliver worldwide and comply with applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws, nor for any duties or taxes that may be due by you in the recipient country.
- We warrant to you that any product purchased from us will be, for a period of 6 months from the date of delivery, of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- We will not be liable for any defect in the product arising from fair wear and tear, failure by you to follow specific product care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.
- Our liability for losses you suffer as a result of us breaking these Terms is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking these Terms. Losses are foreseeable if they are an obvious consequence of our breach or they were contemplated by you and us at the time the Contract was formed.
- We acknowledge our responsibility under the Consumer Protection Act 1987; for breach of the Terms implied by sections 12 to 15 of the Sale of Goods Act 1979; for fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We only supply products for domestic and private use and you agree not to use any products for commercial, business or for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Changes to these Terms and Conditions
- We may amend these Terms and Conditions from time to time to reflect changes in relevant laws and regulatory requirements, market Conditions, technology, payment methods or our system’s capabilities.
- Each time you order products from us, the Terms in force at the time of your order will apply to the Contract between us.
Law and jurisdiction
- These Terms and any claim or dispute arising in relation to a Contract will be governed by English law. You and we agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such claim or dispute.