Terms and Conditions
Effective Date: 1st February 2013
This website is owned and operated by Orgasmic Ltd. We are registered in the UK (technically "England & Wales") under number 03844011. Our registered office and trading address is at Acorn House, Keys Park Road, Hednesford, Cannock, Staffordshire WS12 2FZ. Our VAT number is GB739599954.
These terms and conditions apply when you buy any goods via this site or otherwise use this site. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.
You promise to us that:
- you are at least 18 years (or whatever higher age may be required by applicable laws for purchase of the goods);
- that is lawful for you to buy or use the goods in, or import them into, your country.
We are not obliged to complete your order if you do not comply with the above.
We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Unless otherwise stated codes are only available for orders placed online, and can only be redeemed once per customer.
All discount codes refer to the price excluding delivery charges. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
Display of goods on our website
We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made every effort to display as accurately as possible the appearance / colour / texture / finish of our goods. However, what you see will depend on your monitor and computer equipment and so you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on the screen. For example, the colour tone may differ.
Payment and price
Payment is in advance by the means stated on our website. Dispatch of the goods is subject to our receipt of full payment in cleared funds.
The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise.
If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.
Your order is an offer to buy from us.
You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
Acceptance / unavailability
There will be no binding contract of any kind between you and us unless and until we accept your offer by emailing you to confirm that we have dispatched the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.
Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.
We are not liable for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control.
An extra delivery charge may become payable if no-one is present to accept delivery and either you haven’t provided alternative delivery instructions or else you don’t collect the item from a holding depot within 7 days.
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable by both parties;
- such loss or damage is caused by you, for example by not complying with this agreement; or
- such loss or damage relates to a business.
You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
Intellectual property rights
All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal and non-business use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent. To be clear: These prohibited acts include scraping, harvesting, deep-linking and framing.
You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy.
If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
Availability of our site
We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.
Guidance on our site
Any guidance or similar information which we ourselves make available on our service is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. You rely on such information at your own risk.
Third party websites
We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
"Act of God"
Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control including third party telecommunication failures.
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.