TERMS AND CONDITIONS - The Sale of Samples on the Website

BACKGROUND

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Samples are sold by Us to consumers through this website, www.osborneandlittle.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Samples from Our Site. You will be required to read and accept these Terms and Conditions when ordering Samples. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Samples through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”	means a contract for the purchase and sale of Samples, as explained in Clause 7;
“Goods”	means fabrics, wallpapers and trimmings available to purchase from our stockists and not sold by Us through Our Site;
“Order”	means your order for Samples;
“Order Confirmation”	means our acceptance and confirmation of your Order;
“Samples”	means the Samples of fabrics, wallpapers and trimmings sold by Us through our Site;
“We/Us/Our”	means Osborne & Little , a company registered in England under number 923748, whose registered address is Riverside House, 26 Osiers Road, London SW18 1NH and whose main trading address is the same. VAT number 407 7536 44.

2. Access to Our Site

2.1 Access to Our Site is free of charge.

2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

2.4 Use of Our Site is subject to our Website Terms of Use.

2.5 Please ensure that you have read them carefully and that you understand them.

3. Age Restrictions

Consumers may only purchase Goods through Our Site if they are at least 18 year of age.

4. Business Customers

These Terms and Conditions do not apply to customers purchasing Goods in the course of business.

5. International Customers

Please note that We only sell to customers in the United Kingdom. We do not accept orders from, or deliver to, customers outside the United Kingdom.

6. Samples, Pricing and Availability

6.1 Samples are cuttings of fabrics, wallpapers and trimmings. Samples can be ordered on-line by clicking on the colour and design. A sample costs £1 and up to and including 10 samples can be ordered on each occasion. The cost is inclusive of delivery and VAT at the current rate. Variations in colour of the Samples can occur with the pattern books because of the manufacturing process or the difference in colour resolution with your computer. We cannot therefore guarantee that the fabric, wallpaper or trimming subsequently supplied will match exactly with the Samples.

6.2 We make all reasonable efforts to ensure that all descriptions and graphical representations of Samples available from Us correspond to the actual Goods. Please note, however, the following: Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

6.3 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Samples, not to different Samples altogether. Please refer to Clause 10 if you receive incorrect Samples (i.e. Samples that are not as described).

6.4 We cannot guarantee that Samples will always be available. Stock indications are not provided on Our Site.

6.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.

6.6 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Samples at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within five days, We will treat your Order as cancelled and notify you of this in writing.

6.7 In the event that the price of Samples you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

6.8 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6.9 Delivery charges are included in the price of Samples displayed on Our Site.

7. Orders – How Contracts Are Formed

7.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

7.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.

7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email.

7.4 Order Confirmations shall contain the following information:

7.4.1 Confirmation of the Goods ordered;

7.4.2 Fully itemised pricing for the Samples ordered.

7.5 We will include a paper copy of the Order Confirmation with your Samples and it will also show three of your nearest stockists.

7.6 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible.

7.7 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Goods.

8. Payment

8.1 Payment for Samples will be made in advance and you will be prompted to pay during the order process.

8.2 We accept the payment on Our Site using Visa or Mastercard debit or credit cards.

9. Delivery, Risk and Ownership

9.1 All Samples purchased through Our Site will normally be delivered within five calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 13).

9.2 Delivery shall be deemed complete and the responsibility for the Samples will pass to you once We have delivered the Samples to the address you have provided.

9.3 Ownership of the Samples passes to you once we have received payment in full and delivery has taken place.

9.4 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Samples.

10. Faulty, Damaged or Incorrect Goods

10.1 By law, We must provide samples that are of satisfactory quality. If any Samples you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Samples, please contact Us at samples@osborneandlittle.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund or replacement.

10.2 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

10.3 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.

10.4 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Cancelling and Returning Goods if You Change Your Mind

Samples are sold on a non-returnable basis.

12. Our Liability to Consumers

12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

12.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

12.3 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

12.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

13. Events Outside of Our Control (Force Majeure)

13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

13.2.1 We will inform you as soon as is reasonably possible;

13.2.2 We will take all reasonable steps to minimise the delay;

13.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

13.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Samples as necessary;

13.2.5 If the event outside of Our control continues for more than 90 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.

14. Communication and Contact Details

14.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at oandl@osborneandlittle.com.

14.2 For matters relating to the Samples or your Order, please contact Us by email at samples@osborneandlittle.com.

15. How We Use Your Personal Information (Data Protection)

15.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) GDPR.

16. Other Important Terms

16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

16.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

16.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

16.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

16.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.

17. Law and Jurisdiction

17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

17.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

17.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.