Terms and Conditions
General Terms and Conditions of Sale
These general terms and conditions of sale (the “General Terms and Conditions of Sale”) are those of The Little Green Orca Limited, with registered office at 10/11 Archer Street, London, W1D 7AZ, United Kingdom, with Company Number 12134071, VAT number: GB 328442501, email: firstname.lastname@example.org
The General Terms and Conditions of Sale shall apply to any online sales by The Little Green Orca Ltd (TLGOL) of any products offered for sale on its website www.thelittlegreenorca.co.uk (the “Website”) to final consumers, excluding the application of any other conditions, in particular those in force in retail stores.
The General Terms and Conditions of Sale applicable to a sale are those in force at the time of ordering.
The customer should read these terms carefully before submitting his order to us. These terms tell the customer who TLGOL are, how TLGOL will provide products to the customer, how the customer and TLGOL may change or end the contract, what to do if there is a problem and other important information. If the customer thinks that there is a mistake in these terms, please contact TLGOL to discuss.
Deviating general terms and conditions shall only be valid if the parties agreed on them.
TLGOL reserves the right to change the General Terms and Conditions of Sale at any time, the new General Terms and Conditions of Sale being applicable to any offer or order made after effectiveness of such change.
The General Terms and Conditions of Sale in force are accessible at any time on the Website.
Unless otherwise evidenced, the data registered on the Website constitute the evidence of all transactions between TLGOL and its customers with regard to sales made via the Website.
The Website is displayed in English.
3. Ordering Process
3.1 Product selection
Any orders via TLGOL’s online shop shall exclusively be made on the Website.
The customer selects the products by clicking on the “Order online/Add to Cart” button and pursues his navigation by clicking on “Continue Shopping”.
The customer may, at any time, see the selected products in his shopping cart by clicking on “See Details/My cart” and consult the payment options offered by TLGOL as well as the delivery costs and times.
3.2 Registration of the order
After having selected the product(s), the customer checks the details of his order and the price to be paid and corrects his eventual errors before confirming the order.
The customer is then invited to select the chosen payment option and to enter the corresponding information.
3.3 Final validation of the order at the end of the ordering process, the customer accepts the “General Terms and Conditions of Sale” by clicking on the appropriate box and definitively confirms his order by clicking on the “Proceed to payment” button. After confirmation of the customer’s order and willingness to pay, TLGOL sends the customer an electronic acceptance of the order. The contract of sale is then definitively concluded.
The conditions of an order may change as long as TLGOL has not confirmed the order.
Any change in the order by the customer after any possible change in TLGOL prices will automatically result in the application of the new prices.
TLGOL reserves the right to refuse any order. In such cases, an e-mail will be sent to the customer using the e-mail address communicated by this customer instead of sending an acceptance of the offer.
4. Right of Withdrawal
4.1 Right and time of withdrawal
The customer is entitled by the law to withdraw, without having to give any reasons, within fourteen (14) days from the day the product ordered on the Website has been received by the customer.
If the order includes several products to be delivered separately, the withdrawal period for all products of this order starts with the date of receipt of the last product.
4.2 Conditions governing the exercise of the right of withdrawal
To exercise his right to withdraw, the customer must notify his intention to withdraw to TLGOL before the expiry of the applicable withdrawal period. Therefore he may use especially the following methods:
By sending an unambiguous declaration expressing clearly his intention to withdraw, by mail, fax or e-mail to the following address: The Little Green Orca 10/11 Archer Street, London, W1D 7AZ
Or by sending back the withdrawal form to be downloaded by clicking on the following link, duly completed and signed, to the following address: The Little Green Orca Limited 10/11 Archer Street, London, W1D 7AZ.
For any information on the conditions of withdrawal, the customer can contact TLGOL’s Customer service by e-mail at the following e-mail address email@example.com
5. Return and Reimbursement
The customer has an additional fourteen (14) -day period starting from the notification of his intention to withdraw to TLGOL, to send back the products, at customer’s expenses and under customer’s responsibility, by postal service to the following address: The Little Green Orca Limited 10/11 Archer Street, London, W1D 7AZ.
TLGOL also offers to the customer the possibility to opt for free take-back of the products at an address determined by the customer. In such case, the carrier appointed by TLGOL will contact the customer to fix a date at which the products will be taken back at the determined address within three (3) business days starting from the first contact of the customer with the carrier in the respective matter.
The customer opting for the free take-back of the products at his home undertakes to be available at the dates suggested by the carrier, in order not to unreasonably delay the return of the products to TLGOL. TLGOL reserves the right to refuse such take-back occurring after the expiry of the legal fourteen (14) -day period for revocation provided that the expiration of this period without return has been caused by a reason from the sphere of the customer.
In any case, to be reimbursed, the products must be returned in such condition and as duly packed as can be reasonably expected taking into account that the customer only has the right to check the product to the extent he could have done it when buying in a physical store, together with their purchase invoice or a copy of such invoice in case of partial return. TLGOL reserves the right to reduce its amount if the serial number is lacking due to a reason arising in the sphere of the customer and which is not triggered by a review of the product in the same way as could have be done in a physical store.
If TLGOL cannot legally raise any objections, TLGOL will reimburse the customer the total amount paid for the returned products, including the costs of delivery (on the basis of the standard delivery mode offered by TLGOL) using the same payment method than used by the customer for payment, without unjustified delay and at the latest fourteen (14) days starting from the point in time of receipt of the notification to withdraw by TLGOL.
TLGOL will not reimburse the additional costs incurred if customer has chosen a more expensive delivery mode than the standard delivery mode offered by TLGOL and defined in the ordering process as such.
The customer is invoiced at the prices and the currency indicated on the Website and agreed in the contract of sale.
Unless otherwise expressly indicated in writing by TLGOL at the time of the definitive validation of the order, the prices include the standard taxes and packaging costs, delivery costs excluded, TLGOL reserving its right to choose the means of transportation.
In case the customer wants the products to be delivered with a specific mean of transportation, the transport costs will be subject to a separate agreement and invoice, without any reduction in the prices of the products.
7. Product Availability
The product and price offerings are in force as long as they appear on the Website, within the limits of available stocks.
Mistakes or changes may exceptionally occur. In the event of unavailability of any product after ordering, the customer is informed per e-mail (or mail if he/she has not provided any e-mail address) of the unavailability of the product(s) and of the delivery of a partial order or the cancellation of the order.
In case of complete or partial cancellation of the order due to unavailability, the amounts corresponding to the unavailable products will not be debited from the customer’s bank account. If the amounts have already been debited, the customer will be reimbursed the amounts paid for the unavailable products within thirty (30) days.
The products purchased on the Website are only available for delivery to England, Scotland, Wales and Northern Ireland. They are delivered at the address communicated at the time of ordering. The customer is responsible for the accuracy of the information provided when ordering. In case of mistake in the addressee’s contact details (in particular surname, first name, street name and number, postal code, city name, telephone number or e-mail address), TLGOL shall in no event be held liable for the impossibility to deliver the order.
The delivery is made by the private carrier DPD in standard mode.
The standard delivery is available for the orders to be delivered to England, Scotland, Wales and Northern Ireland. Delivery is made by DPD within 5 to 7 days as from the validation of the order.
9. Transport – Receipt – Reservations
Customer is responsible for checking the conformity of the products and the state of their packaging at the time of delivery and taking action against the carrier.
In case of any deterioration of the product, customer must without fail:
Report the damage on the delivery note submitted by the carrier;
Send to carrier a registered letter with acknowledgement of receipt within a maximum of three (3) days from the date of delivery;
Send TLGOL, at the same time, a copy of the above mentioned letter as well as of the delivery note, to the following address:
The Little Green Orca Limited 10/11 Archer Street, London, W1D 7AZ
10. Product Compliance
TLGOL undertakes to reimburse or exchange the products that are not compliant with the order. The customer will report any possible detectable deviation and return the product(s) to TLGOL, which will exchange or reimburse the product(s) as agreed with the customer in the respective case at hand. If the returned products are incomplete, soiled or damaged to a wider extent, they will not be taken over by TLGOL. Under no circumstances shall the restitution, exchange or reimbursement be requested and/or performed in the stores.
11. Payment Options
The products will be paid online by credit card (Visa, Mastercard, American Express), Paypal or Visa Debit. The customer will first select the chosen method of payment.
For a payment by credit card, after having selected the chosen type of card, the customer must enter the number of his credit card, its expiration date and the last three numbers on the back of the card.
The order will be shipped once the customer’s payment is received by our accounting department in accordance with the usual delivery times indicated at Article 8 of the General Terms and Conditions of Sale.
12. Disclosure of Personal Information
The payments made by credit card on the Website are operated by the secure payment company Ingenico. In order to confirm the transaction, customer must accept the transfer and the storage of its financial data, name, address and any other information necessary to the secure payment company Ingenico.
Furthermore, we hereby inform you, in connection with your order, of the use of the "Fraud Expert" solution in addition to the processing of card not present payments. Your personal data is processed by Ingenico e-Commerce Solutions SPRL being the controller, for the purpose of preventing and combating fraud (determining risk levels associated with transactions, detecting and managing any resulting alerts, informing merchants to allow them to take decisions, "human" reviews of transactions with a specified level of risk, modelling of the score).
The collection of certain of your personal data is a mandatory requirement for this purpose. Without this data, your transaction could be delayed or rendered impossible and your order cancelled.
This data is intended for the authorised departments of the Ingenico e-Commerce Solutions entities involved in such processing, and for the merchant, as well as for any third party whose involvement is required to ensure the smooth operation of the payment process and the functioning of the services offered.
13. Retention of Title – Risk Transfer
TLGOL retains the ownership of each product delivered until payment in the amount due for the respective product is made fully and received by TLGOL. The risks relating to the products shall be transferred to the customer at the time the products are handed over or of default of acceptance.
In case of non-payment, TLGOL reserves the right to claim the ownership of the respective product.
14. Customer Rights
14.1 Legal guarantee of conformity and guarantee against “hidden defects”
TLGOL is under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect the customer's legal rights.
By way of example, if the customer's product is goods, for example toothbrushes or ear buds, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Or if the customer's product is services, for example installation, the Consumer Rights Act 2015 says the service must be carried out with reasonable care and skill. For detailed information on your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If the customer wishes to exercise his legal rights to reject products he should notify TLGOL’s Customer service before the expiry of the relevant periods:- By sending an unambiguous declaration expressing clearly his intention to withdraw, by mail, fax or e-mail to the following address: The Little Green Orca Limited 10/11 Archer Street, London, W1D 7AZ.
If the customer wishes to exercise his legal rights to reject products the customer must post them back to TLGOL or (if they are not suitable for posting) allow TLGOL to collect them from him. TLGOL will pay the costs of postage or collection. Please see clause 5 for free take-back of products process available to the customer.
15. Liability of TLGOL
15.1. Product compliance with applicable law
The products offered are compliant with the legislation in force and the regulations applicable in England and Wales.
15.2. Scope of TLGOL’s liability
If TLGOL fail to comply with these terms, TLGOL are responsible for loss or damage the customer suffers that is a foreseeable result of TLGOL breaking this contract or TLGOL failing to use reasonable care and skill, but TLGOL are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both TLGOL and the customer knew it might happen, for example, if the customer discussed it with TLGOL during the sales process.
TLGOL do not exclude or limit in any way its liability to the customer where it would be unlawful to do so. This includes liability for death or personal injury caused by TLGOL's negligence or the negligence of TLGOL's employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the customer's legal rights in relation to the products including the right to receive products which are: as described and match information we provided to the customer and any sample or model seen or examined by the customer; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed and for defective products under the Consumer Protection Act 1987.
The images of the products on the Website are for illustrative purposes only. Although TLGOL have made every effort to display the colours accurately, TLGOL cannot guarantee the colours accurately reflects the colour of the products. The customer's product may vary slightly from those images. The packaging of the product may vary from that shown in images on the Website. The customer is invited to refer to the description of each product to be informed of its precise features and, in case of any doubt or need of additional information, to contact the Customer service at firstname.lastname@example.org
TLGOL is only liable for the content of the internet pages edited by TLGOL.
TLGOL are not liable for business losses. TLGOL only supply the products for domestic and private use. If the customer uses the products for any commercial, business or re-sale purpose TLGOL will have no liability to the customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The full or partial impossibility to use the products for any reason beyond TLGOL’s control, in particular due to an equipment incompatibility, shall not give rise to any compensation, reimbursement or TLGOL’s liability.
15.3. Force Majeure
TLGOL shall not be held liable in case of non-performance of the contract due to an unforeseeable event beyond its control, disturbance or full or partial strike, in particular of the transport and/or communication services, fire, flood.
16. Intellectual Property
Any texts, comments, work, illustrations or pictures on the Website www.TLGOL.co.uk are under copyright and intellectual property protection, for the entire world.
The customer must not modify the paper or digital copies of any materials the customer has printed off or downloaded in any way, and the customer must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. TLGOL's status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
17. Personal Data
The Website www.thelittlegreenorca.co.uk is designed to take special care of the customers’ needs. It is, in particular, for that reason that cookies are used, please see the TLGOL Cookies Policy for additional information.
18. External Links
The Website www.thelittlegreenorca.co.uk may contain external hyperlinks redirecting the customer to other websites. TLGOL makes no undertaking in relation with any website to which the customers may have access through the Website www.thelittlegreenorca.co.uk and shall in no case be held liable for the content, operation, services offered, or the access to such websites.
TLGOL may authorize other companies to diffuse advertisings on its websites. Those companies may install cookies or actions tags (also called “simple pixel gif”) on the users’ computers in order to assess the advertisings’ effectiveness. Any information collected in this manner are anonymous. The customer may refuse the cookies or actions tags by changing its browser settings. This may alter the interactive functions of the consulted websites.
19. Secured Website
The Website www.thelittlegreenorca.co.uk is a secured website using SSL encryption.
20. Customer Service
For any information or question, please contact the Customer service at the following email address: email@example.com
21. Applicable Law – Competent Jurisdiction
These General Terms and Conditions of Sale, as well as any transaction herein described and/or in relation with any sale of its products by TLGOL to the customer are governed, construed and enforced in accordance with the law of England and Wales.In case of dispute with professionals and/or tradesmen, the Courts of England and Wales will have exclusive jurisdiction.
22. Customer Assessment Space
TLGOL reserves the right to check and delete any publication on the customer assessment space of the Website www.thelittlegreenorca.co.uk. TLGOL reserves the right to delete or not to publish the contents that it considers, at its sole discretion, inappropriate or offensive, such as:
Advertising, of any nature, inclusive of any competing company, sale of products, solicitation, self-promotion and spams
False, inaccurate or misleading information
Offenses against people or companies, including TLGOL, its employees, suppliers, distributors or affiliates
Inappropriate or misleading content or any content giving an inaccurate image of TLGOL
Contents that threaten, harass or infringe the rights of any other person, including content revealing private information relating to other users
Contents including malware programs, software or files that could infringe intellectual property rights of any party, offensive comments or that could damage the display system of the other users.
If TLGOL fail to enforce a right under this agreement, that failure will not prevent TLGOL from enforcing other rights, or the same type of right on a later occasion.
If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
TLGOL may transfer this agreement to someone else. TLGOL may transfer its rights and obligations under these terms to another organisation. TLGOL will always tell the customer in writing (including email) if this happens and will ensure that the transfer will not affect the customer's rights under the contract.
Nobody else has any rights under this contract (except someone the customer passes his guarantee on to, TLGOL may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property). This contract is between the customer and TLGOL. No other person shall have any rights to enforce any of its terms.