Welcome to the www.timothyoulton.com website terms and conditions for use (the "Conditions"). Please read these Conditions carefully before ordering any products or services listed on our website www.timothyoulton.com or our retail stores (each a "Gallery" and together, "Galleries"). These Conditions apply to the use of this website as well as the sale of product and by accessing this website or placing an order you agree to be bound by the Conditions set out below (the "Contract"). Such terms shall constitute all Conditions between the parties. If you do not agree to be bound by these Conditions then please leave the site.
If you have any questions relating to these Conditions then please contact us before placing your order, by e-mail at [email protected].
BY USING THE TIMOTHY OULTON WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS CONTRACT. IF YOU ARE USING THE TIMOTHY OULTON WEBSITE ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS CONTRACT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS CONTRACT.
THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION (FOR THE UNITED STATES ONLY) THAT, AS FURTHER SET FORTH IN CONDITION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Information about Timothy Oulton
www.timothyoulton.com is a site operated by Halo Creative & Design Limited and its subsidiaries and affiliates (the "Halo Group"). All sales of product or services in the UK shall be made from Timothy Oulton United Kingdom Limited, with registered number 02965838, registered address 350 Kings Road, London SW3 5UU and our VAT number 638837395. All sales of product and services in Hong Kong shall be made from Timothy Oulton Hong Kong Limited, with registered number 1751624, business address 2/F Horizon Plaza, 2 Lee Wing Street, Ap Lei Chau, Hong Kong. All sales of product and services in the United States shall be made from Timothy Oulton Retail USA Corporation, with registered number 4857088 and registered address Suite 806, 1220 N. Market Street, Wilmington, DW 19801, County of New Castle, Delaware, United States.
The "Company" means Halo Creative & Design Limited, Timothy Oulton United Kingdom Limited, Timothy Oulton Hong Kong Limited or Timothy Oulton Retail USA Corporation (as applicable); "Conditions" means these terms and conditions; "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "Products" means the products listed on www.timothyoulton.com or the Products you have chosen to purchase, as applicable; "We/us" means Halo Creative & Design Limited, and/or Timothy Oulton United Kingdom Limited, Timothy Oulton Hong Kong Limited or Timothy Oulton Retail USA Corporation (as applicable); "Website(s)" means the website located at www.timothyoulton.com or any subsequent URL which may replace it; "United States" or "US" means the United States of America, "UK" means the United Kingdom, "Hong Kong" means Hong Kong Special Administrative Region of the People's Republic of China and "You", "Yourself" or the "Customer" means a user of this Website(s) and purchaser of the Products or services.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
3.2 Registration; User Names and Passwords
You may need to register to use all or part of www.timothyoulton.com. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not the Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or account for www.timothyoulton.com.
You warrant that: The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and You will notify us immediately of any changes to the Personal Information by contacting our customer services team by e-mail [email protected]. Failure to do so and any resulting errors will be the onus of the user, and not of the Company. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of this Contract, your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
3.4 Our rights
We reserve the right to: Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions, then you must immediately stop using the Website.
3.5 Third party links & Linking to our site
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to [email protected].
3.6 Public forums and user submissions
The Website owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, blogs, or any other public area found on the website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Company. We reserve the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may: Defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; Publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; Post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Company and/or a third party's computer system and/or network; Violate any copyright, trademark, other applicable United Kingdom, United States, Hong Kong or international laws or intellectual property rights of the Company or any other third party; Submit contents containing marketing or promotional material which is intended to solicit business.
3.7 Privacy, Data Protection
3.8 Colours on the Website
We have made every effort to display as accurately as possible the colours of our products that appear on www.timothyoulton.com. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
We may make available the ability to purchase or otherwise obtain certain Products through www.timothyoulton.com or through other sales channels such as telephone orders or at our Galleries (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information ("Payment Information"). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through www.timothyoulton.com, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
We reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any Products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
4.2 Contract creation and electronic contracting
4.2.1 A quotation by the Company does not amount to an offer and the Company reserves the right to withdraw or revise a quotation at any time prior to the Company's acceptance of the order.
4.2.2 In case of a force majeure (being circumstances outside of the Company's control) the Company may, at its absolute discretion, terminate any contract for the supply of Products pursuant to the order confirmation; invoice (as applicable), or cancel the manufacture and/or delivery of the Products. In such circumstances, the Company will consult with the Customer to try to find suitable alternatives that may be possible, unless the Customer wishes to terminate the Contract. Subject to local laws, all monies paid pursuant to the terminated Contract shall be returned to the Customer within 60 days.
4.2.3 The technical steps required to create the Contract between you and us online are as follows: You place the order for your Product(s) on the Website by pressing the place order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website; We will send you an order acknowledgement e-mail detailing the Product(s) you have ordered. This is not an order confirmation or order acceptance from the Halo Group; As your Product is shipped from our warehouse we will send you a despatch confirmation e-mail; Order acceptance and the completion of the Contract between you and us will take place on the despatch to you of the Product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it. Non-acceptance of an order may be a result of one of the following: The Product you ordered being unavailable from stock; Our inability to obtain authorisation for your payment; The identification of a pricing or product description error; and/or You not meeting the eligibility to order criteria set out in the Conditions. The Contract will be concluded in English.
4.2.4 The technical steps required to create the Contract between you and us in our Gallery are as follows: You place the order for your Product(s) in a Gallery. You will be provided with an order confirmation setting out the Product(s) and the details of your order. You will pay the price as set out in the order confirmation including any and all sales tax/ VAT (as applicable) and delivery charges. The payment will be deemed to constitute an acceptance of these Conditions. The Conditions will be attached to the order confirmation and invoice. As your Product is shipped from our warehouse we will send you a despatch confirmation e-mail; Order acceptance and the completion of the Contract between you and us will take place on the despatch to you of the Product(s) ordered unless we have notified you that we do not accept your order, or you have cancelled it. Non-acceptance of an order may be a result of one of the following: The Product you ordered being unavailable from stock; Our inability to obtain authorisation for your payment; The identification of a pricing or product description error; and/or You not meeting the eligibility to order criteria set out in the Conditions. The Contract will be concluded in English.
4.2.5 It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the Product(s) and delivery details.
4.3 Pre-Ordered Items
Any items on pre-order will be shipped as soon as we receive them from manufacture.
Pre-Order products will state an expected delivery date in the product description; however this may be subject to change due to circumstances beyond our control. We will keep you updated should any changes to the delivery date occur, and of course, you can request a refund at any point up to the despatch date at which the normal returns policy will apply.
Please note that any additional duty or customs charges applicable in the destination country are payable by the recipient.
4.4 Pricing Policy
4.4.1 For Website sales in the United States, prices shown on the Website are in USD and are exclusive of sales taxes at the applicable rate unless you have selected an alternative country or state where sales taxes are not chargeable. For sales in the United Kingdom, prices shown on the Website are in GBP and are inclusive of sales taxes/VAT unless you have selected an alternative country or state where sales taxes/VAT are not chargeable. For sales in Hong Kong, prices shown on the Website are in HKD and sales taxes/VAT are not chargeable unless you have selected an alternative country or state where sales taxes/VAT are chargeable.
4.4.2 For all sales in the Galleries, the price payable for Product(s) supplied shall be as set out in the order confirmation and invoice to which these Conditions are attached, and sales tax/VAT will be applied (if applicable) at the prevailing rate.
4.4.3 All prices and offers remain valid as advertised from time to time.
4.4.4 The price of a Product displayed on the Website at the time the order is accepted will be honoured, except in cases of patent error. If you are a customer whose credit card is not denominated in the show currency, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
Payment in full is always required upon order placement.
4.6. Delivery Dates
4.6.1 While all reasonable endeavours will be made to adhere to delivery dates quoted at the time of an order being placed on this Website; and the Order Confirmation and Invoice being provided, such dates must be viewed as approximate estimates only, given in good faith and based upon information available to the Company at that time. There may be unforeseen delivery delays.
4.6.2 In so far as allowed by law, the Company will not accept any liability for any loss or inconvenience suffered by delivery delay.
4.6.3 We will notify you of the approximate delivery date within 48 hours of placing the order and then at least 1 week prior to delivery.
4.7. Cost and Place of Delivery
4.7.1 Products are delivered by the Company at a pre-notified delivery charge to the delivery address stated on the Website at check out or as set out in the order confirmation; and invoice (as applicable). Any subsequent change of address may incur an additional delivery charge.
4.7.2 We are unable to hang any art work or install fixtures or install lighting including chandeliers, wall lights, lighted mirrors or other products requiring support of a qualified electrician. We do strongly recommend using a qualified electrician for your installation. We are not responsible for the installation of any electrical items.
4.7.3 All delivery charges will be quoted and pre-notified prior to confirming your order on this Website. For deliveries in Hong Kong, where there is no suitable elevator available or your item will not fit in the elevator, there will be a stair charge of HKD$100-200 per floor (we can only deliver up to the eighth floor via stairs). Additional charges may also apply to addresses with restricted access. Any additional charges will be advised to you within 3 days of your order date. For full details on delivery charges please see our Delivery and Returns page.
4.7.4 Most of our furniture items will be delivered inside your home by white glove delivery service providers, where we will carefully unpack and inspect each item, place it in your room of choice, and provide assembly. Assembly of lighting, mirrors and any electrical items are, however, expressly excluded. We will also ensure all packing materials will be removed and recycled where possible.
4.7.5 The Customer is responsible for the delivery of the Products and must ensure that the Products will fit through relevant doors and passageways of the delivery address. You are required to take delivery of your furniture orders on the specific date agreed between us after your order has been placed. If you are not there when the delivery date has been agreed, you will have to pay for the original delivery cost and a subsequent redelivery charge at standard, non-promotional rates as advertised on our website. This payment will be due before redelivery is attempted. Please ensure you measure any passages through which Products need to be delivered (hallways, doorways, stairwells, elevators, etc.) to assure purchased items will fit. You will incur any return delivery costs associated with any Product(s) not fitting into the final delivery location in addition to cost for delivery attempt. For Products where delivery has not been arranged within 1 month or Products not accepted on the delivery date, you may also be charged storage fees (of 1% of the order value per week) in addition to the failed delivery attempt fee and redelivery cost. We ask that you inspect your delivery on arrival and provide a signature upon receipt. When ordering, please provide a daytime phone number to arrange a delivery appointment.
4.7.6 On delivery, the Customer must ensure that all obstructions are removed, and that valuables are safeguarded against accidental damage.
4.7.7 If we notify you (using the contact details provided by you) that Product(s) are ready for delivery, but you fail to accept delivery or respond to us (within three (3) months of the order being ready for delivery), the order will be cancelled, and any deposit will be forfeited.
4.7.8 Time of delivery is not of the essence in these Conditions. We will not be liable for any direct or indirect loss of profits or other financial losses, or damage suffered by you through any delay in delivery. Further, the Company shall not be held responsible for any damage resulting from the removal of any existing furniture or other items from any room into which the Products are delivered.
4.7.9 Unfortunately, we only provide standard delivery and shipping to the US, UK and Hong Kong. We only ship to the US Territories or internationally upon request and prior agreement on costs and location. If you have further questions, please do not hesitate to email us on [email protected].
4.7.10 No delivery service will be provided by the Company for any purchases from a Timothy Oulton Outlet Gallery.
4.7.11 If you order Products from our site for delivery outside the UK, US, or Hong Kong (as applicable), they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.Please also note that you must comply with all 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.
4.8.1 Bespoke or special order cancellations cannot be accepted after 48 hours from the date on which the order is paid for and will result in forfeiture of all funds paid. For the avoidance of doubt, "bespoke or special order" includes (without limitation) any non-stock order which is made to order or made to your own specific finish or size configuration.
4.8.2 For all other orders, management reserves the right to allow cancellations subject to a 20% restocking fee with the balance issued in store credit (expiration will apply) and the contract may only be terminated in accordance with local laws. Under the Consumer Contracts Regulations in the United Kingdom only, you have the right to cancel your purchase of a standard Product for a period of 14 working days, being the cooling off period, from the date on which the Product was delivered (subject to the abovementioned restocking fee and store credit for the balance). Any Products returned as a result of a cancelled contract need to be returned in accordance with Condition 4.10.3 below.
4.8.3 No cancellation is accepted for any purchases from a Timothy Oulton Outlet Gallery.
4.8.4 To cancel your Contract, you must inform us in writing or by email or by telephone. In addition, return of delivery of Products must be done in accordance with Condition 4.10.3 below.
4.9. Product and Services
4.9.1 Natural Markings: Products which contain natural leather hides are subject to dye, grain and shade variations and natural markings (including open scars, healed scars from vegetation, insect bites and neck stripes) such variation and markings are not classified as defects. Those Products which contain salvaged wood or reclaimed wood contain natural and/or reprocessed wood and are therefore subject to grain and shade variations and natural markings (including knots and scars) such variation and markings are not classified as defects. Those Products which contain natural rock crystal are subject to chips and mark and colour variations. Those Products which contain hand-blown glass or glass acrylic are subject to colour variation and bubbles. Rugs or hand-woven fabrics are subject to colour variations and are neither sun nor stain resistant (unless otherwise specified). Those Products which are vintage and identified as such are sold 'as seen', the Customer should inspect the items and satisfy themselves as to the condition prior to sale as these are original and individual items and will have grain or shade variations, natural markings that are not classified as defects. Any representation or statement by the Company as to age, origin, date, materials or conditions of the items is a statement of opinion based on the knowledge of a reasonably informed person at or around the time of the sale. By entering into the Contract, you acknowledge that the Products may have any of these markings and the existence of such markings shall not constitute a breach of the Contract.
4.9.2 All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specifications of Products without prior notice in relation to future sales. The measurements are as accurate as possible however as our products are made by hand final dimensions will be within a 3.5% tolerance of the requested measurements from your order.
4.10.1 For all personal accessories and home accessories (available to take away from the Gallery), and subject to applicable laws, exchanges may be available for store credit within 14 days of purchase. All such goods are non-refundable as credited return, cash return, or cheque. Beyond 30 days all sales are final unless there is a manufacture defect as set out in Condition 4.13.2.
4.10.2 All furniture and home accessories (not available to take away from the Gallery) are subject to a refund less 20% restocking fee if returned within 14 days of purchase. After 14 days, but up to 30 days, such goods are subject to a 20% restocking fee and a store credit will be provided for the remainder (subject to a manager's approval). Beyond 30 days all sales are final unless there is a manufacturers defect as set out in Condition 4.13.2.
4.10.3 Please note proof of purchase is required for all refunds and all returns must be in the original packaging and with the labels attached. In addition, the Company will only accept Products returned in perfect saleable condition. Upon return, your Product will be inspected, and exchanges, credits and refunds shall not include taxes charged. The Company reserves the right to reject Products which have been damaged or altered in any way.
4.10.4 Shipping charges and any delivery fees are non-refundable with the exception of damaged or defective Products.
4.10.5 All Products made to order are final sale and not refundable or returnable other than in respect of manufacture defects or damage. For the avoidance of doubt, "made to order" includes (without limitation) any Products not showing as 'In-Stock', and is made to order to your requested finish or size configuration.
4.10.6 Any purchases from a Timothy Oulton Outlet Gallery cannot be returned, exchanged or refunded.
4.10.7 The provisions of this Condition 4.10 apply in addition to your statutory consumer rights in relation to faulty or miss-described goods.
4.11. Risk and Title
4.11.1 Risk of loss or damage to the Products shall pass to the Customer on delivery or, in the case of a Timothy Oulton Outlet Gallery, on collection.
4.11.2 Title of Products shall pass to you when we have received full payment of all sums due in respect of the Products including delivery charges and storage charges (if any).
4.12. Claims and Liability
4.12.1 The Company can only be held responsible for reasonable and foreseeable losses resulting from a breach in Contract. In as far as allowed by law, the aggregate liability of the Company (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to the Customer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the invoiced value of the goods. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's gross negligence or fraudulent misrepresentation.
4.12.2 Any error in quantity or any shortage or defects must be notified to the Company by the Customer and noted on the carrier's bill of lading or delivery confirmation (as applicable) paperwork within 7 days of delivery.
4.12.3 Any damage to Customer's property caused by Company carrier's negligence must be noted on the carrier's bill of lading (as applicable) or delivery confirmation paperwork within 24 hours.
4.12.4 Unauthorized repairs will release the Company from all liability.
4.12.5 Dimensions and specifications of the Products may vary slightly within normal acceptable commercial tolerances.
4.12.6 The Company cannot guarantee precise matching of graining or shading between different items within its product ranges because of variations between batches and production.
4.12.7 The Company reserves the right to alter specifications without notice from time to time and reserves the right to discontinue any Products or ranges without notice.
4.12.8 The Company accepts no responsibility for any loss or damage whatsoever arising directly or indirectly from misuse or faulty fitting of Products not fitted by the Company, or damage to the Customer's property arising out of the delivery of Products not delivered by the Company or its agents or registered representatives.
4.12.9 All Products sold in accordance with these Conditions are sold for residential and domestic use only unless it is specifically ordered, noted on the invoice, and the relevant testing requirements are made known to the sales manager, the product code is ending in -T suffix. The Company accepts no responsibility for any loss or damage whatsoever arising directly or indirectly from the use of any Products within a commercial property or for non-residential purposes. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's gross negligence or fraudulent misrepresentation.
4.13.1 Unless resulting from the gross negligence by the Company, its employees or sub-contractors, the Customer shall have the responsibility to indemnify the Company against all actions, claims, cost damages or losses incurred which arise from the Company acting on the Customer's instructions or from the Customer's own actions.
4.13.2 While accepting that the Customer may, under certain circumstances be entitled to a refund of monies paid, the Company reserves the right to repair or replace goods sold (other than clearance or ex-display goods where faults have been clearly identified or the goods have been sold "as seen") which prove within a reasonable period of time to be defective because of bad materials or workmanship in manufacture. Other than as stated above, (a) all furniture is guaranteed for a period of 1 year from date of purchase against manufacture defects only; (b) all personal accessories and home accessories are guaranteed for a period of 1 year from date of purchase against manufacturer defects only; (c) all leathers shall be free from defects in materials and workmanship for a period of 2 years from the date of purchase (subject to Condition 4.9); and (d) all upholstered furniture frames shall be guaranteed for a period of 10 years from date of purchase against manufacturer defects only.
4.13.3 The Company cannot guarantee furnishing fabrics and linens other than for reasonable wear and tear particularly against shade variations of items purchased at different times.
4.13.4 All warranties, conditions and other terms whether express or whether implied by statute, common law, trade usage, course of dealing or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
4.13.5 The Company does not give any warranty that the goods are fit for any particular purpose for which the goods are being bought by the Customer (unless the Company has agreed otherwise in writing).
For details please refer to our Intellectual Property Notices.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) www.timothyoulton.com AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY: AND (B) THE COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO www.timothyoulton.com AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS CONDITION DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH www.timothyoulton.com
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS CONDITION AND ELSEWHERE IN THIS CONTRACT) ARE MADE FOR THE BENEFIT OF BOTH THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES").
While we try to maintain the timeliness, integrity and security of www.timothyoulton.com, we do not guarantee that www.timothyoulton.com is or will remain updated, complete, correct or secure, or that access to www.timothyoulton.com will be uninterrupted. www.timothyoulton.com may include inaccuracies, errors and materials that violate or conflict with this Contract. Additionally, third parties may make unauthorized alterations to www.timothyoulton.com If you become aware of any such alteration, please contact us at [email protected] providing a description of such alteration and its location.
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, 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 will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or Any loss of goodwill or reputation; or
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
This Contract is effective until terminated. The Company may terminate or suspend your use of the Website at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Contract. Upon any such termination or suspension, your right to use the Website will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. All Conditions shall survive any expiration or termination of this Contract.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the US government as a "terrorist supporting" country; (b) on any of the US government lists of restricted end users.
13. California Transparency in Supply Chains Act (SB 657) Disclosure. Timothy Oulton Retail USA Corporation is providing the following disclosure in compliance with The California Transparency in Supply Chains Act of 2010 (SB 657), which requires that companies disclose their efforts to eradicate slavery and human trafficking from their direct supply chains.
Vendor Code of Conduct. Timothy Oulton Retail USA Corporation requires that vendors certify that they will comply with our Vendor Code of Conduct, which prohibits our vendors from using child labor or involuntary labor. Our Vendor Code of Conduct also requires that vendors conduct their operations in accordance with all laws applicable to their businesses.
Monitoring of Compliance. We review the terms of our Vendor Code of Conduct with all of our suppliers and conduct periodic reviews of their facilities in order to confirm that they are in compliance with all required policies.
Training. We train our employees who are responsible for procuring products on the importance of confirming that our vendors comply with the Vendor Code of Conduct, including its prohibitions on child labor and involuntary labor. We also train our employees to identify and respond to concerns about labor practices in the supply chain that might arise from time to time.
Corrective Action. In the event that a vendor were to violate our Vendor Code of Conduct, we would have the option to terminate our business relationship with that vendor or take other actions with that vendor to remediate any problems that had been identified.
14.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then such Condition(s) shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
14.2 Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
The rights and obligations of the Customer under these Conditions may not be assigned or transferred in whole or in part without the prior written consent of the Company.
Breach of, or failure to implement any individual Condition shall not be deemed as a waiver on the part of the Company and shall not prejudice any other Condition or right of the Company within this Contract.
This Contract, including any terms and conditions incorporated herein, is the entire agreement between you and the Halo Group relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Halo Group. Relating to such subject matter. Notices to you (including notices of changes to this Contract) may be made via posting to the website or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Contract and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Contract to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Halo Group will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
This Contract does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company, its affiliates or subsidiaries.
If applicable, where the Customer is purchasing product from a concession within an independent retail store, these terms and conditions are in addition to any general terms & conditions of such retail store. Should any of these Conditions conflict with the retail store's terms & conditions, the applicable Condition set out herein shall prevail.
18. Important Note to New Jersey Consumers If you are a consumer residing in New Jersey, the following provisions of this Terms and Conditions do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Condition 9 above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in Condition 9 above, the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Condition 9 above, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) in Condition 3 or 4.13 above, the requirement that you indemnify the Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) in Condition 20 below, the Texas governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
19. Jurisdictional Issues the Timothy Oulton Website is controlled or operated (or both) from the United States and is not intended to subject the Company to any non-U.S. jurisdiction or law. The Timothy Oulton Website may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Timothy Oulton Website is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Timothy Oulton Website availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
20. Governing Law and Arbitration
These Conditions and any contract to which these Conditions apply shall be governed by and construed in the following manner: (1) For all orders placed in (or to be delivered in) the United States, these Conditions shall be governed by and construed in accordance with the laws of the State of Texas in the United States of America and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Texas in the United States of America; (2) For all orders placed in (or to be delivered in) the United Kingdom, these Conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales; (3) For all orders placed in (or to be delivered in) Hong Kong, these Conditions shall be governed by and construed in accordance with the laws of Hong Kong and you irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
The Company will try to resolve any dispute or query quickly and effectively. In the first instance, you are requested to contact the Customer Service Manager in writing, at your local Gallery; or for all US matters please contact: Gallery Manager, Timothy Oulton Retail USA Corporation, 901 Broadway, New York City, NY 10003; for all Hong Kong matters please contact: Gallery Manager, Timothy Oulton Hong Kong Limited, 2/F Horizon Plaza, 2 Lee Wing Street, Ap Lei Chau, Hong Kong; for all UK matters please contact: Gallery Manager, Timothy Oulton United Kingdom Limited, 350 Kings Road, London SW3 5UU.
FOR THE UNITED STATES ONLY: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS CONTRACT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TIMOTHY OULTON RETAIL USA CORP., WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS CONTRACT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Contract. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Contract and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Contract, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Contract will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
All notices given by you to us must be given to "Timothy Oulton" at the address specified on your invoice or [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail.
22.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
22.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 of the United Kingdom. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
22.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.