Terms and Conditions
DO THESE TERMS APPLY TO ME?
By using our site and/or by placing an order with us, you are deemed to have read and understood these Terms and Conditions (“Terms”) and any and all policies referred to and incorporated herein. By making your order via our Site, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order.
WHAT IF I DON'T AGREE TO THESE TERMS?
If there is anything that you don’t agree with or want to be committed to in these Terms and Conditions, then you should not use The Website or place any orders through it.
WHAT DO THESE TERMS COVER?
1. Who we are
2. A description of our services
3. Accessing our services
4. Creating an Account
5. Restrictions on your use of your Account
6. Choosing Products to Order (Product Specifications, Substitute Products)
7. Pricing Information, Pricing Errors and our Price Promise
8. Availability of our stock, estimated delivery dates
9. Important terms for 'Made To Order' products
10. Placing your order
11. Order Acknowledgement and Order Acceptance by us
12. Payment & Promotion
13. Delivery Information
14. Returns & Refunds
15. Order Cancellations (statutory right to cancel for UK residents)
16. Our 30 Day Money Back Guarantee
17. Cancellation of 'Made To Order' Goods
18. Deleting your account
19. Customer Complaints
20. All of the legal disclaimers, warranties, indemnities and important legal provisions
21. Offers Featured in Publications
22. Generic Competitions
CAN YOU, OLIVIA'S, CHANGE THESE TERMS?
Who owns the site?
This website is an online retail division of Moot Trading Ltd ("Us/We/Our"). Our registered company number is 10459297 and our registered office is MOOT HQ, Paton Drive, Tollgate Industrial Estate, Stafford ST16 3EF. We are VAT registered number 261657102.
What services do Olivia's provide me through this site?
How can I access Olivias.com?
You can access the Services in the following ways, and by website visits or mobile applications:
1. By visiting as a guest without making a purchase (“Guest”)
2. By placing an order and creating an account (“Customer”)
Any reference in these terms to You, means you as a Guest or as a Customer.
How do I create an account?
When you submit an order you will be prompted to create an account with us. You must be 18 years or older to create an account. If you are creating an account on behalf of a commercial entity you warrant that you have capacity to bind that entity.
Are my account login details safe?
You agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that we are not responsible for third party access to your account that results from sharing your login or other account details or personal information by you or the theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Services or terminate your account if we suspect an unauthorised person is attempting to access it.
What information do you collect about me and my account?
We will never ask for personal details via email. If you receive an unsolicited email asking you for your log in details or any other such information.
What obligations do I have? Are there any restrictions on how I use the site?
You only allow me to use the Site for personal use don’t you?
Yes, your account is for your personal use only. You may not authorise others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.
You are solely responsible for you own actions and those of anyone using your account, and assume all liability regarding, (i) the information and content you or anyone using your account, submits on your behalf; and (ii) the information and content you or anyone using your account posts, transmits, publishes, or otherwise makes available through the Services.
You warrant that all goods ordered by you are for your own personal and domestic use and are not for re-sale, distribution or any other commercial use of a similar nature. The products sold by us are provided for private domestic and consumer use only.
We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud).
In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
As a customer, what important promises do I need to make to Olivia's?
When you visit this Site and/or submit an order you warrant and represent that you:
1. Are over 18 years old;
2. are using a payment card (credit or debit card) that is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered;
3. Have provided all the information requested to submit an order;
4. Only provided information that is truthful, complete, accurate and up to date;
5. Will use the Site in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs of the country in which you live;
6. Are fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account.
You further warrant and represent that you will not:
1. access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction, of the United Kingdom, of Australia or of the United States of America;
2. impersonate or otherwise misrepresent affiliation, connection or association with, any person or entity;
3. provide any information including payment card details that are misleading or fraudulent;
4. interfere or disrupt networks connected to the Services or attempt to interfere with the proper functioning of the Services;
5. access data not intended for such user or logging into a server or account which the user is not authorized to access;
6. attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
7. attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” or otherwise attempting to deny service to the Site or the server of any user.
Choosing Products to order
Prior to submitting an order with us, you should review these important terms.
6.1 Are the product images and specifications accurate? What if they are not?
Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only and 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 that your computer will display the colours accurately or reflect the colour of the products. The products that are delivered to you may vary slightly from those images.
Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can reject it in favour of a full refund. Where applicable, you may cancel your order in accordance with your rights under the consumer regulations.
Our products are displayed as clearly as possible throughout our website to give you as much information as we have about each product. If you need further information.
6.2 How do I know the sizes will fit in my home?
Please review our product specification before placing an order as it contains important information you should consider and any waivers by us contained within the guidance are incorporated herein. Reviewing our product specification is critical if you are ordering a 'Made To Order' product.
7.1 How are prices displayed when I’m ordering?
All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see our Delivery Policy for further details).
7.2 What if there’s a mistake with the price and there’s a pricing error?
Although the price you pay is the price displayed on the Site at the time we receive your order, there may be circumstances within or out of our control which results in the wrong price being displayed to you.
In such cases, if we discover an error in the price of goods ordered by you, we will inform you as soon as possible after you submit your order and provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods, you will receive a full refund.
7.3 What is Olivia's Price Promise?
Please review our Price Promise Policy section for full details.
7.4 Sale/outlet/Discounted item
Please review our Payment & Promo section for full details.
Are all the goods on the Site in stock and available?
We work in much the same way as a department store – limited products are held in stock in our warehouse and available for fast dispatch. Some larger items including some furniture, lighting and more specialist pieces, we order these in for you and may take longer to dispatch.
In the event that an item is temporarily out of stock, we will notify you of the delay as soon as possible, keep you regularly informed of the progress and dispatch it as soon as it arrives. Occasionally items will be more popular than expected and may sell out. Parts of our collection are also seasonal and therefore towards the end of season products may become unavailable or discontinued. We will contact you as soon as possible if we discover any possible delays to your order and offer you an alternative date or if that is not suitable, a full refund.
'Made To Order' products - Important terms
What about delivering 'Made To Order' products?
Our collections include a variety of 'Made To Order' products such as (but not exclusively) headboards or sofas that are 'Made To Order' specifically for you in your chosen materials or dimensions. Delivery of these items will be agreed upon purchasing from us. From time to time, textiles or materials that make up our 'Made To Order' products may be out of stock with our manufacturers and this may lead to a delay in the estimated manufacture times. Should this be the case, it is our policy to notify you of the delay as soon as possible, keep you regularly informed of the progress and dispatch it as soon as it arrives.
Can I cancel a 'Made To Order' product? Can I return 'Made To Order' products?
By placing an order for a non-standard, 'Made To Order' product with us, you are deemed to have considered all these factors and any others that might affect the order, and accept that you are entirely satisfied that it is the correct product for you. You will not be able to change the order once the item has been entered into production.
You can’t cancel a 'Made To Order' product. If you change your mind you need to be aware of our returns policy for 'Made To Order' items. Please ensure that you read and understand the conditions that apply to the sale of customised products as noted in our cancellation provisions below, and our Returns & Refunds Policy, prior to purchasing.
How do I place an order on site?
Our order processing system is completed in the following steps:
You select your products on our website where you will be guided through a simple purchasing sequence.
- You place your order with us, via the website by clicking on the “confirm order” button, Once you have checked and agreed your order at the checkout.
2. Your credit/debit card will be authorised when your order is placed and processed. This does not affect your statutory rights.
3. We will then send to you an order acknowledgement email confirming the products you have ordered - this is not an order confirmation or order acceptance from us at this stage, it is a reminder for you of what has been processed through our system. If there are any problems with this acknowledgement, please contact us as soon as possible.
4. Your order will then be processed in our system(s) within 24 working hours and shipped from one of our distribution centres where we endeavour to deliver within the lead time noted (lead times guidance is displayed with each product).
5. A dispatch confirmation email will be sent when the goods leave our distribution / processing centre(s). Where applicable our couriers have an order tracking facility, where this is available, we will provide that information to you.
Title to any products you order on this website shall pass to you on the delivery of the products provided that we have processed and received payment in full for the products.
Payment & Promotions
What payment methods are accepted?
See our payment and promos section for full details details including how to purchase and use Olivia’s gift cards
What currency is displayed on the Site? Do you include taxes and customs duties?
All prices quoted on our website are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate. All transactions are made in GBP pounds sterling (£).
Throughout the check-out process, the cost of your purchase will be shown in your chosen currency, until the final step before making a payment, when we will show you the exact GBP equivalent that will be charged to your card.
International credit card providers and banks determine their own exchange rates and might also add an additional processing or administration charge that the card holder will be liable to pay. We do not have any control over these exchange rates or charges and our advice would be to check with your bank if you are unsure about exchange rates prior to making a purchase.
Any customs or import duties levied once the package reaches your destination country will be your responsibility as we have no control over these charges and are not able to predict them. For more information please read our Delivery Information.
Do you use 3D Secure / Verified by Visa / Mastercard SecureCode for card security?
As we are committed to providing the most advanced security features, we support the "MasterCard® SecureCode™" or "Verified by Visa" security service. Click on the brand logos below to learn more. Verified by Visa and Mastercard Securecode are an additional layer of security, applied by your bank, to your credit card to prevent fraudulent use.
I think you’ve taken the wrong amount from my card, what can I do about that?
If you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your card company / payment provider. You must contact us either by email or telephone, stating your order number and reasons for dispute of the charge. This will enable us to assess your complaint accurately and promptly and, where justified, credit your original payment source with the disputed amount.
You agree to allow us 30 days from initial complaint notification to reach a resolution, and only after this time has elapsed will you dispute with a third party provider (Paypal, Klarna, Bank/Card provider).
Paying With Klarna
Full details of Klarna offers can be found here
Please refer to our Delivery Information Policy.
Please refer to our Returns Policy for full details.
I live in the UK, what are my Statutory cancellation rights?
Please refer to our Returns & Refunds section for full details
What is the 30 day money back guarantee?
Notwithstanding the legal rights of our UK Customers above, we offer all Customers a 30-day money back guarantee which is detailed in our Returns Policy. This 30 Day Money Back Guarantee does not apply to 'Made To Order' goods, unless the item is faulty or damaged (see below).
Where goods have already been dispatched, they must be returned in line with our Returns Policy which forms part of these Conditions. Within 30 days of us receiving the goods as described, we will credit you with the purchase price less any delivery and handling charges that may be applicable within 30 days.
Cancellation of 'Made To Order' Goods
See our Returns & Refunds section.
I don’t want to have an account anymore; how do I delete it?
You may delete your account any time after your active orders have been delivered.
We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason (including if you fail to pay any amount due or we become aware of any breach of these Terms). We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
How do I make a complaint to Olivia's?
We are sorry if an element of our services hasn’t lived up to your expectations. If you wish to make a complaint then please contact us, detailing the nature of your complaint.
We aim to have a first response within 72 working hours, however in busier periods this may take longer. We ask that you let us be the first to attempt a remedy to your complaint, as such, you agree to allow Olivia's the opportunity to remedy first through our internal process. You agree to only pass on the dispute to a third party if you feel your claim has not been resolved within 14 days from initially notifying us. Third parties include (but are not limited to) any chargebacks / disputes with payment providers, consumer review sites or social media sites.
What about all of the usual legal terms, like disclaimers, warranties, indemnities etc?
We hope that these Terms are clear for you, we try our best to avoid the legal jargon but some sections have to be included to protect you and to protect us. Please read this section carefully.
Disclaimer of Warranties
This section will apply to the maximum extent permitted by applicable law.
We will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, provided through the Services, or transmitted to or by any Guests or Customer.
We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
Limitation of Liability
To the maximum extent permitted by law, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
2. loss of goodwill or reputation; or
3. special or indirect losses;
4. suffered or incurred by that party arising our of or in connection with the provisions of any matter under these terms and conditions.
Our total liability to you in connection with these Terms or the use of the Services shall be limited as to either: (i) the price paid for any goods or services purchased by you as Customer; or (ii) £100 if you are a Guest.
Nothing in these Terms will limit or exclude our liability for: (i) death or personal injury arising from our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us. Nothing in these Terms affects your statutory rights as a consumer.
We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.
You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.
Our Intellectual Property Rights
All rights in the designs, intellectual property and information on our Site are owned by us or licensed to us. These are protected, as appropriate, by copyright, trademarks and other intellectual property rights. You may only view, reproduce or print the materials on this Website for the purpose of ordering goods from us and as authorised below. The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademarks or registered trademarks of us or our suppliers or content and technology providers or their respective owners. All rights reserved. You agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary, to make a Purchase) download such material and content onto only one computer hard drive for such purpose. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all the material available on this Website in any form is prohibited.
Links to other Third Party Sites
Where any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You are not permitted to assign, novate or otherwise transfer your rights and obligations under this Agreement to any other person or party. We, however, are entitled to assign, novate, or otherwise transfer any or all of our rights and obligations to any other party without notice to you.
Jurisdiction and Applicable Law
Class Action Waiver
In any dispute, neither you nor any other person shall be entitled to join or consolidate claims by or against other affiliates or persons, or arbitrate any claim as a representative or class action or in a private attorney general capacity. you acknowledge that you are giving up your rights to participate in a class action or representative action with respect to any such claim.
Promotional codes and discount codes
Please refer to our Payments & Promo section for full details.
General competition Terms & Conditions
If you enter a competition on www.olivias.com, the following terms and conditions will apply unless otherwise stated in the competition. By entering a competition with www.olivias.com you agree to the following conditions:
- Entries must be received by the date stated in the competition, entries received after this time will not be included.
2. Entries that are incomplete or do not meet the stated criteria will not be included.
3. All entrants to competitions must be willing to take part in any publicity opportunities including agreeing to the use of their name and photography.
4. Prizes are non-transferable and cannot be exchanged for monetary value.
5. No cash alternative to the stated prize will be offered.
6. No alternative products to the stated prize will be offered.
7. Moot Trading Ltd reserves the right to cancel competitions or amend the stated rules if required to do so.
8. Moot Trading Ltd employees, suppliers and third-party employees are not eligible to win competitions hosted by Moot Trading Ltd.
9. Information provided for the purposes of entering a competition must be true, accurate and relate to themselves, failure to do so will result in the entry being declared void.
10. Competitions are open to UK residents only unless expressly stated in the individual competition terms.
11. Winners are selected at random unless otherwise stated and Moot Trading Ltd decisions are final.
12. Failure to reply to notification that you have won will result in forfeiting the prize.
13. Winners must claim their prize within 7 days of being notified.
14. If the winner cannot be reached, another winner will be selected in their place.