Terms & Conditions

Website terms and conditions of supply

Terms and conditions for the online sale of goods (via a website) to consumers and businesses.

These Terms will apply to any contract between us for the sale of Products (being the items listed on our website for sale on-line) to you (Contract).Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language. If you do not read or speak English you should make arrangements for these Terms to be translated so that they are understood by you before you accept the Terms.

If you have any special requirements or difficulties in reading and understanding these terms and conditions please do contact us on estore@ottouomo.com and we shall seek to make reasonable adjustments in order to address your needs.

1. Information about us

1.1 We operate the website www.ottouomo.com. We are OTTO UOMO LTD, a company registered in England and Wales under company number 07673629 and with our registered office at 26 Red Lion Square, London WC1R 4AG. Our main UK trading address is 66 Grosvenor Street, London W1K 3JL, UK. Our VAT number is VAT: GB116922225

1.2 To contact us, please see our Contact Us page

2. Our Products

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee the colours, for example and without limitation, your computer’s display of the colours may not accurately reflect the colour of the Products. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.

2.2 The packaging of the Products may vary from that shown on the images on our site.

2.3 All Products shown on our site are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and we will not process your order if made. Use of our site

3. Use of our Site

3.1 Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policies. Please take the time to read these, as they include important terms which apply to you.

4. How we use your Personal Information

4.1 We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

5. If you are a consumer

This clause 5 only applies if you are a consumer.

5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these statutory legal rights unless varied or revoked by statutory law.

6. If you are a business customer

This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

6.2 These Terms and any our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to your purchases of Products through our website(s).

6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy.

6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

7. How the contract is formed between you and us

7.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

7.3 We will confirm our acceptance to you by email or telephone (Confirmation). The Contract between us will only be formed once we have confirmed your order.

7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

8. Our right to vary these terms

8.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how we accept payment from you;

(b) changes in relevant laws and regulatory requirements; and

8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

9. Your consumer right of return and refund

This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.2 However, this cancellation right does not apply in the case of:

(a) any made-to-measure or custom-made products or products made to your specification or clearly personalised.

9.3 Your legal right to cancel a Contract starts from the date of the Confirmation, which is when the Contract between us is formed. Under these terms you have a period of 14 calendar days in which you may cancel, starting from the day after the day you receive the Products.

9.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to estore@ottouomo.com or by telephone, which must be received within the 14 calendar day period, defined under clause 9.3 above. Under the terms of the Contract, you shall keep a copy of your cancellation notification for your own records and in the unlikely event of a dispute. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you your e-mail or posted the letter is received by us.

9.5 If you have returned the Products to us under this clause 9 because they are faulty, do not meet with the specification or are mis-described, we will refund the price of the defective Product in full, with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

9.6 We shall refund you on the credit card, debit card or bank account used by you to pay for the Product. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. We do not take responsibility for (or shall deduct for) any changes in the relevant exchange rate for any refunds nor any associated bank or foreign currency transactions. If the Products were delivered to you:

(a) you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will make arrangements for the collection of the Product(s) and you shall provide us with all reasonable cooperation to facilitate this;

(b) unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. We shall notify you of these charges in advance of the collection;

(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

9.7 As a consumer, you will always have statutory legal rights in relation to Products that are faulty or not as described (unless such rights are modified or revoked under statutory law). These legal statutory rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

10. Delivery

10.1 We shall make all reasonable endeavours to ensure that your order will be fulfilled by the estimated delivery date as confirmed to you. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we shall seek to procure the delivery of the Product(s) as soon as possible thereafter and will seek to provide you with a revised estimated delivery date.

10.2 Delivery will be completed when we deliver the Products to the address you gave us.

10.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, or held with our courier, in which case, please contact us or the courier, as applicable, to rearrange delivery. We shall not leave products outside of the address you have provided us with. Products shall not be delivered unless they have been signed for by someone at the address you have provided us with.

10.4 The Products will be your responsibility from the completion of delivery.

10.5 You own the Products once we have received payment in full, including all applicable delivery charges.

11. International delivery

11.1 We deliver to international countries. There are restrictions on some Products for certain international delivery destinations. We shall notify you if there are any such restrictions or complications with delivery of such Products.

11.2 If you order Products from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

11.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

11.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

12. Price of products and delivery charges

12.1 The prices of the Products will be as quoted on our site from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.

12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed.

12.3 The price of a Product includes VAT, which shall be payable for purchases within the UK at the applicable rate for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time, at the point of ordering the Products or as quoted to you by email.

12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you, in writing, to confirm this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

13. How to pay

13.1 You can only pay for Products using a debit card or credit card. We accept the all major credit and debit cards including Visa, MasterCard, JCB, American Express. We also accept direct fund transfers from domestic or international bank accounts.

13.2 Payment for the Products and all applicable delivery charges is in advance.

14. Manufacturer guarantees

14.1 Some of the Products we sell to you may come with a manufacturer’s guarantee or warrantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee or warrantee provided with the Products.

14.2 We shall not be responsible or liable for any guarantee or warranty that is expressly provided by the manufacturer. If you have any claim or dispute in relation to such a guarantee or warranty this shall be directly with the manufacturer and not us.

14.3 If you are a consumer, a manufacturer’s guarantee or warranty is in addition to your statutory legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

15. Our Warranty for the Products

15.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of [3] months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.

15.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:

fair wear and tear;

wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

if you fail to operate or use the Products in accordance with the user instructions;

any alteration or repair by you or by a third party who is not one of our authorised repairers; or

any specification provided by you.

If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

16. Our liability if you are a business

This clause 16 only applies if you are a business customer.

16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

16.2 Nothing in these Terms limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(d) defective products under the Consumer Protection Act 1987.

16.3 Subject to clause 16.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

16.4 Subject to clause 16.2 and clause 16.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

17. Our liability if you are a consumer

This clause 17 only applies if you are a consumer.

17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

17.2 We only supply the Products for domestic and private use. You agree not to use the product for any re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

17.4 Subject to clause 17.3 , our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

18. Events outside our control

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.

18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure to delays to deliver by our couriers or postal agents, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport (or delay of) or other means of public or private transport.

18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

19. Communications between us

19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

19.2 If either party has to give notice in writing, they shall do so by e-mail or by pre-paid post, in our case, to the address you provide to us in your order or, in your case, to our trading address.

19.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly delivered (such as by using a courier or recorded delivery post) and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

19.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20. Other important terms

20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights under these Terms.

20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of any warranty in clause 15 to the recipient of the gift without needing to ask our consent. Any further transfers of the Product by way of a gift or otherwise shall not transfer benefit of any warranty we my give.

20.3 This contract is between you and us (inclusive of any Group Company). Save for the exercising of rights by any Group Company or by the recipient of a gift under clause 20.2, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. We and you will not need the consent of any recipient of a gift, under clause 20.2, to cancel or make any changes to these Terms.

20.4 A Group Company, means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

20.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.7 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

20.8 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

20.9 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

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