Terms and Conditions
TERMS
1.1. The following terms will have the following meaning in these terms and conditions:
“IPR” intellectual property rights including copyright, design right, trade marks, patents and any other similar rights whether registered or unregistered existing anywhere in the world;
“Order” an order placed by you via the Website or via telephone for the purchase of selected Products;
“Price” the price as displayed on the Website for the Products;
“Products” products listed on the Website available for resale by Oliver Goldsmith Sunglasses Ltd to you and as identified by you in your Order; and
“Website” the website accessible via www.olivergoldsmith.com and all other websites owned and operated by Oliver Goldsmith Sunglasses Ltd linking to the same content.
These terms and conditions govern all orders made with Oliver Goldsmith Sunglasses Ltd, registered in England under number 4836885, whose registered address is at 58 Crewys Road, Londonn NW2 2AD” ("Oliver Goldsmith Sunglasses Ltd"). If Oliver Goldsmith Sunglasses Ltd accepts your Order, you and Oliver Goldsmith Sunglasses Ltd will be legally bound by these terms and conditions. These terms shall apply to all Orders placed by you.
Oliver Goldsmith Sunglasses Ltd’s Terms and Conditions of Sale
Orders
2.1. By submitting an Order, you will be deemed to accept these terms and conditions.
2.2. You must submit your Order via the Website in accordance with the instructions set out on the Website or via telephone via the telephone number displayed on the Website. You will be responsible for ensuring the accuracy of your Order and Oliver Goldsmith Sunglasses Ltd will not be liable for your failure to provide correct and accurate information in your Order.
2.3. No Order will be deemed to have been accepted by Oliver Goldsmith Sunglasses Ltd until you receive notification in writing (which may be by e-mail) of acceptance of the Order by Oliver Goldsmith Sunglasses Ltd and any relevant purchase reference number.
2.4. Oliver Goldsmith Sunglasses Ltd reserves the right to:
2.4.1. reject any Order submitted by you for any reason; and
2.4.2. cancel any Order before delivery of the relevant Products in the event any payment of the Price for the Products fails or in accordance with clause 12.3.
2.5. Without limitation to the provisions relating to limitation of liability in clause 11 below, Oliver Goldsmith Sunglasses Ltd will not be liable or otherwise responsible for any loss or damage caused to you by Oliver Goldsmith Sunglasses Ltd’s cancellation of the Order in accordance with clause 2.4 above.
AVAILABILITY OF PRODUCTS
3.1. The Products displayed as available on the Website are subject to stock and supply availability, and there may be some delay in updating the Website with regard to the availability of Products.
3.2. You acknowledge and accept that Oliver Goldsmith Sunglasses Ltd may be reliant on a supply chain (including third party suppliers of Products to Oliver Goldsmith Sunglasses Ltd) in fulfilling Orders. In the event that an Order is placed which Oliver Goldsmith Sunglasses Ltd cannot immediately fulfil as a result of reliance on third party suppliers, Oliver Goldsmith Sunglasses Ltd will inform you as soon as practicable and delivery may be delayed until such time as stock is available.
PRODUCTS AND SALES
4.1. Oliver Goldsmith Sunglasses Ltd sells Products via the Website in a range of forms including in a range of designs and colours. You must clearly indicate your requirements in relation to the design, colour and any other relevant details of the Products in your Order.
4.2. In consideration of payment of the Price for each Order by you to Oliver Goldsmith Sunglasses Ltd in accordance with clause 5 below, plus any cost of packaging and postage as may be set out on the Website from time to time, Oliver Goldsmith Sunglasses Ltd agrees to deliver the Products set out in the Order to you, at the address stated by you in the Order.
4.3. You agree and accept that:
4.3.1. Oliver Goldsmith Sunglasses Ltd provides the Products without any warranty and Oliver Goldsmith Sunglasses Ltd will have no responsibility for suitability of the Products ordered by you via the Website; and
4.3.2. the Products are sold to you “as is” and “as available” and you must judge the suitability of the Products for the purpose intended.
4.3.3. Personalisation - All purchases of personalised (monogrammed) cases or purchases of Oliver Goldsmith Sunglasses Ltd Eyewear that have been requested for personalisation (monogramming) are not eligable for a return, refund or exchange.
4.3.4. Gift With Purchase. Any gift with purchase item applies only to purchases Oliver Goldsmith eye wear. One gift per customer only. Whilst stock lasts.
PRICES AND PAYMENT
5.1. The Price for each Order will be calculated by Oliver Goldsmith Sunglasses Ltd in accordance with Oliver Goldsmith Sunglasses Ltd’s standard advertised Prices for the Products as set out on the Website. Prices for Products and delivery and other charges displayed on the Website are current at the time of display. However, Oliver Goldsmith Sunglasses Ltd does not accept liability for any errors in such Prices.
5.2. You will pay the Price together with delivery costs for each Order on submitting your Order. Payment must be made online via the secure online e-commerce payment system on the Website utilising credit and debit cards listed on the Website. The secure online e-commerce payment system service on the Website will be operated by No Chex/ SAGE PAY. This secure online e-commerce payment system service may be changed from time to time by Sage pay without prior notice. If you are based outside of the United Kingdom payment must be processed via the Website and all such payments will be exchanged into pounds sterling at the exchange rate of Sage pay on the date of payment.
5.3. Delivery costs will be calculated by Oliver Goldsmith Sunglasses Ltd on the basis of the standard charges charged by carriers Oliver Goldsmith Sunglasses Ltd use which may vary from time to time and will vary according to the country of destination and weight of the Products. This cost will be confirmed to you by Oliver Goldsmith Sunglasses Ltd prior to submitting your Order and you agree to pay such delivery costs to Oliver Goldsmith Sunglasses Ltd in addition to the Price.
5.4. No Order will be processed or accepted by Oliver Goldsmith Sunglasses Ltd and no Products will be delivered to you unless and until the relevant Price (and delivery costs) for that Order has been received by Oliver Goldsmith Sunglasses Ltd in cleared funds from you.
5.5. Oliver Goldsmith Sunglasses Ltd’s standard Prices for Products are subject to change from time to time by Oliver Goldsmith Sunglasses Ltd and any such change will be notified by amending the relevant Prices displayed on the Website. Any increase in the Prices for Products will only apply to an Order placed after the date of the increase, and will not apply retrospectively.
5.6. Oliver Goldsmith Sunglasses Ltd is not liable for local taxes and duties. Products returned to Oliver Goldsmith Sunglasses Ltd for non-payment of local taxes and duties will not be refunded.
5.7. Discount codes, promotions or offers provided by Oliver Goldsmith Sunglasses Ltd are valid for full priced items only and excludes sale or discounted products, unless stated otherwise.
RESTRICTIONS OF THE INTERNET
6.1. You acknowledge and accept that:
6.1.1. Oliver Goldsmith Sunglasses Ltd has no control over the Internet, which is a worldwide network of computer systems. Access to the Website, Order processing system and secure online e-commerce payment system on the Website will not be error free or uninterrupted and may be variable; and
6.1.2. Oliver Goldsmith Sunglasses Ltd will not be liable for any direct, indirect, incidental or other loss or damage which result or may result from your access to or use of the Internet or the Website.
6.2. The Website is maintained by Oliver Goldsmith Sunglasses Ltd’s web hosting service provider. Every effort is made to ensure the continuity of the Website, but some occasional technical downtime beyond Oliver Goldsmith Sunglasses Ltd’s control and/or the control of Oliver Goldsmith Sunglasses Ltd’s hosting service provider may occur. Such downtime may prevent the Website or your content being available for the duration of the downtime and may result in errors occurring in the posting of Orders via the Website. Oliver Goldsmith Sunglasses Ltd will not be liable for such delays nor errors resulting from any cause beyond Oliver Goldsmith Sunglasses Ltd’s control and/or that of Oliver Goldsmith Sunglasses Ltd’s web hosting provider including hosting server downtime.
CANCELLATION
7.1. Subject to these terms and conditions, you may cancel any Order by e-mailing Oliver Goldsmith Sunglasses Ltd at shop@olivergoldsmith.com quoting “Order Cancellation” in the subject heading and the relevant Order reference number in the body of the e-mail. Cancellation of an Order may only be made in accordance with clause 7.2 below.
7.2. In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you are granted a cancellation period of seven (7) working days from the date of submission of the Order. The following will, therefore, apply to any cancellation received by Oliver Goldsmith Sunglasses Ltd:
7.2.1. in the event that you cancel your Order within the abovementioned seven (7) working day period, on return by you of the Products if already despatched, you will be granted a full refund of the relevant Price;
7.2.2. in the event that you cancel your Order after the end of the abovementioned seven (7) working day period, the relevant Price paid to Oliver Goldsmith Sunglasses Ltd by you will be non-refundable, subject to clause 9.
7.3. The terms of this clause 7 regarding cancellation of Orders are without prejudice to Oliver Goldsmith Sunglasses Ltd’s Returns Policy set out in clause 9 below.
DELIVERY OF PRODUCTS
8.1. On Oliver Goldsmith Sunglasses Ltd’s receipt of payment of the Price from you for an Order, Oliver Goldsmith Sunglasses Ltd will arrange for delivery of the relevant Products to you to at the address stated by you in the Order. Delivery to P.O. Boxes will not be made.
8.2. Subject to Oliver Goldsmith Sunglasses Ltd’s Returns Policy set out in clause 9 below, and unless otherwise agreed in writing by Oliver Goldsmith Sunglasses Ltd, title and risk in all Products delivered by Oliver Goldsmith Sunglasses Ltd to you pursuant to an Order will take place once the Products are despatched for delivery by Oliver Goldsmith Sunglasses Ltd.
8.3. Any timescales or dates indicated for delivery of Products are for guidance only and time for delivery will not be of the essence in this Agreement. If no timescales or dates are so indicated, delivery will be made by Oliver Goldsmith Sunglasses Ltd within a reasonable time. Notwithstanding this, under usual circumstances Products for delivery in the United Kingdom should be despatched within 14 days from the date of the Order.
8.4. Oliver Goldsmith Sunglasses Ltd’s liability for non-delivery of the Products will be limited to replacing the Products within a reasonable time or issuing a refund of the Price paid by you. Reasonable evidence of non-delivery will be required and Oliver Goldsmith Sunglasses Ltd will not be liable for more than one replacement of undelivered Products.
8.5. Without limitation to the provisions relating to Limitation of Liability in clause 11 below, Oliver Goldsmith Sunglasses Ltd will not be liable or otherwise responsible for any loss or damage caused by late or delayed delivery of the Products to you.
RETURNS POLICY
9.1. In the event that any products delivered to you, pursuant to your order are damaged or of a quality or specification which is reasonably less than that represented on the Website or requested in the Order, you may return the products to Oliver Goldsmith (OG) Sunglasses Ltd within 14 days of the date of delivery of the Products and, subject to clause 9.2 below, OG Sunglasses Ltd will, at your preference, either:
9.1.1. provide a replacement of the products to you; or
9.1.2. provide you with a full refund of the price and reasonable delivery costs within a reasonable time, which under usual circumstances should be no more than 28 days.
9.2. Oliver Goldsmith Sunglasses Ltd’s Returns Policy set out in clause 9.1 above is subject to the following terms:
9.2.1. return of products or refund of the price to you as a remedy under OG Sunglasses Ltd’s Returns Policy will be at OG Sunglasses Ltd’s choice and discretion;
9.2.2. undamaged products or products of a satisfactory quality will be non-returnable under OG Sunglasses Ltd’s Returns Policy;
9.2.3. all returns of products must be made in accordance with clause 9.3 below.
9.3. in order to return any products pursuant to OG Sunglasses Ltd’s returns policy set out in clause 9.1 above, you must complete the following procedure:
9.3.1. you must email OG Sunglasses Ltd at shop@olivergoldsmith.com quoting “Returns Request” in the subject highlighting your order reference number. Briefly explain the reason for the return. A member of the team will respond to your request within 2-3 working days.
We must stress that in order to receive a refund or exchange:
The item(s) must be unworn and in perfect condition, with all OG Sunglasses Ltd tags and bags still attached. Returns that are damaged, soiled or returned without all their labels may not be accepted and may be sent back to the customer.
Where provided, any designer packaging i.e. cases/dust cloths must be included with your return.
Write the returns number on your package or enclose it with the item(s) you wish to return.
All returns must be sent back to Oliver Goldsmith Sunglasses Ltd head office via recorded post to guarantee delivery of the product. Returns that are not recorded will be sent at the customers risk.
9.3.2. on receipt of your returned products at the following address: Oliver Goldsmith Sunglasses Ltd, 58 Crewys Road, London, NW2 2AD, OG Sunglasses Ltd will replace the products or refund the price in accordance with your order.
IPR (INTELLECTUAL PROPERTY RIGHTS)
10.1. All IPR in the Products are and will remain owned by Oliver Goldsmith Sunglasses Ltd or any third party Oliver Goldsmith Sunglasses Ltd has collaborated with to develop the Products (as the case may be), and nothing in these terms and conditions will in any circumstances assign, sell or otherwise transfer the IPR in the Products to you or any other person. Furthermore, you are not granted any licence of the IPR in the Products by virtue of these terms and conditions.
10.2. Accordingly, Products are sold by Oliver Goldsmith Sunglasses Ltd to you for non-commercial use by you as a consumer only and reproductions of the Products may not be made or re-sold in any circumstance.
10.3. You will be responsible for your use of the Products and you acknowledge and accept that Oliver Goldsmith Sunglasses Ltd does not make any representation or warranties about the Products whether express or implied. For the avoidance of doubt, Oliver Goldsmith Sunglasses Ltd does not warrant that the Products will not infringe the IPR of any third party.
10.4. Subject to clause 11 below, Oliver Goldsmith Sunglasses Ltd will not be liable to you for damages, costs and losses incurred by you arising out of any claim made against you for infringement of any IPR of any third party caused by the Products or your use of the Products.
10.5. Oliver Goldsmith Sunglasses Ltd and associated brand features are Oliver Goldsmith Sunglasses Ltd’s brand name and trade marks, the use of which by you or any other person without Oliver Goldsmith Sunglasses Ltd’s express permission is expressly forbidden.
LIMITATION OF LIABILITY
11.1. These terms and conditions set out Oliver Goldsmith Sunglasses Ltd’s entire liability to you and all other liability of Oliver Goldsmith Sunglasses Ltd to you is hereby excluded, subject that nothing will exclude or restrict Oliver Goldsmith Sunglasses Ltd’s liability for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from Oliver Goldsmith Sunglasses Ltd’s negligence.
11.2. Subject to clause 11.1 above, you agree that Oliver Goldsmith Sunglasses Ltd’s total liability under these terms and conditions will not exceed the Price actually paid by you to Oliver Goldsmith Sunglasses Ltd relating to the relevant Order giving rise to the alleged claim or the sum of £500.00 whichever is the lower, including where such liability arises out of Oliver Goldsmith Sunglasses Ltd’s negligence.
11.3. In no event will Oliver Goldsmith Sunglasses Ltd be liable to you, whether in contract, tort, by statute or otherwise for any special, indirect or consequential loss or damage arising out of or in connection with the sale of the Products to you, including any claim that the Products infringe the IPR of any third party.
11.4 Oliver Goldsmith Sunglasses Ltd will not be liable to you for any acts, omissions or failures of third party sub-contractors used by Oliver Goldsmith Sunglasses Ltd in delivering Products to you pursuant to Orders placed by you under these terms and conditions, including but not limited to intermediary suppliers of Products, service providers for the delivery of Products and service providers of the secure online e-commerce payment system on the Website.
11.5 Nothing in these terms and conditions will limit you statutory rights as a consumer.
WARRANTIES
12.1You warrant and undertake that :
12.1.1. you will not use the Website or Products for any unlawful purpose or which gives rise to civil or criminal liability;
12.1.2 you will not use the Website or Products in conjunction with any abusive, illegal, pornographic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material or in any way which will or is likely to bring Oliver Goldsmith Sunglasses Ltd into disrepute; and
12.1.3 you will not use the Website or Products to infringe Oliver Goldsmith Sunglasses Ltd’s IPR or the IPR of any third party.
12.2 Notwithstanding the above, you warrant that you will be truthful and honest in your use of the Website and make purchases of Products in a responsible and reasonable manner and only as envisaged by these terms and conditions.
12.3 Any breach of these warranties will entitle Oliver Goldsmith Sunglasses Ltd to cancel any Order at its discretion and Oliver Goldsmith Sunglasses Ltd may at its discretion also cancel all or any other Orders made by you and terminate this agreement without notice.
12.4 Oliver Goldsmith Sunglasses Ltd gives no warranties with regard to the Products or with regard to the content of the Website and to the maximum extent permitted by law, Oliver Goldsmith Sunglasses Ltd excludes liability for all representations, warranties, conditions and other terms which but for this notice would have effect or be implied.
12.5 You will indemnify Oliver Goldsmith Sunglasses Ltd and hold Oliver Goldsmith Sunglasses Ltd harmless in full and defend Oliver Goldsmith Sunglasses Ltd at your own expense against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Oliver Goldsmith Sunglasses Ltd arising out of any claim made against Oliver Goldsmith Sunglasses Ltd as a result of the breach by you of the above warranties.
DATA PROTECTION
You agree to the reasonable processing of personal data (as defined in the Data Protection Act 1998) by Oliver Goldsmith Sunglasses Ltd for the purposes of processing your Orders and delivering the Products to you. In processing personal data, Oliver Goldsmith Sunglasses Ltd will comply with all relevant legislation, including but not limited to the Data Protection Act 1998 and Oliver Goldsmith Sunglasses Ltd’s Privacy Policy can be found on the Website.
TERMINATION
14.1 Oliver Goldsmith Sunglasses Ltd may terminate this Agreement at any time for any reason on notice in writing (which may be by e-mail) to you in the event of any breach by you of the provisions of these terms and conditions.
14.2 On termination, any outstanding Order of yours will be immediately cancelled. Except as otherwise provided in these terms and conditions, the Price paid to Oliver Goldsmith Sunglasses Ltd for the relevant Order will be refunded on termination, unless the relevant Products in question has been despatched to you prior to termination in which case the relevant Price will not be refunded.
NOTICES
15.1 Any notice required or permitted under these terms and conditions will be in writing (which may be by e-mail) and will be deemed to have been properly given:
15.1.2 48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to the address set out in the Order if notice is being given by Oliver Goldsmith Sunglasses Ltd to you, or if notice is being given by you to Oliver Goldsmith Sunglasses Ltd, at 58 Crewys Road, London, NW2 2AD; or
15.1.3 at close of business on the day of effective transmission if sent by e-mail to an e-mail address notified for that purpose.
FORCE MAJEURE
Oliver Goldsmith Sunglasses Ltd will not be liable for failure to meet its obligations under these terms and conditions if Oliver Goldsmith Sunglasses Ltd or its contractors are prevented from or delayed in doing so due to circumstances beyond Oliver Goldsmith Sunglasses Ltd’s reasonable control including, without limitation, acts of God, governmental actions, war, acts of terrorism, fire, explosion, flood, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies.
GENERAL
17.1 No provision of these terms and conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it.
17.2 Oliver Goldsmith Sunglasses Ltd may assign Oliver Goldsmith Sunglasses Ltd’s rights or obligations under these terms and conditions at anytime. You may not assign your rights or obligations under these terms and conditions without Oliver Goldsmith Sunglasses Ltd’s prior written consent.
GOVERNING LAW
These terms and conditions will be governed by English law and both you and Oliver Goldsmith Sunglasses Ltd submit to the exclusive jurisdiction of the English courts
Mobile Terms of Service
Last updated: Feb. 6, 2023
The Oliver Goldsmith Sunglasses Ltd mobile message service (the "Service") is operated by Oliver Goldsmith Sunglasses Ltd (“Oliver Goldsmith Sunglasses Ltd”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Oliver Goldsmith Sunglasses Ltd’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Oliver Goldsmith Sunglasses Ltd through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Oliver Goldsmith Sunglasses Ltd. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18559108075 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Oliver Goldsmith Sunglasses Ltd mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18559108075 or email info@olivergoldsmith.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Refurb & Restore Service
Please note that by using our restore and refurb service, you acknowledge that you are sending your frames at your own risk. Oliver Goldsmith will not be responsible for any loss or damage incurred during the shipping process. We recommend using a reliable shipping method and considering insurance for valuable items.
Additionally, please be aware that any repairs completed on the frame will not be under warranty for issues that may arise after the repair has been completed, nor will it cover other issues that may occur in addition to the original repair.
