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Terms and Conditions
Website Content & Usage Terms
 
You can download a PDF copy of our terms and conditions.
 
Welcome to the Owl and Monkey website.  If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Owl and Monkey’s relationship with you in relation to this website.  If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Owl and Monkey/Owl & Monkey’ or ‘us’ or ‘we’ refers to Helen and Matthew Harris whose principal place of business is 21 Heslington Road, York YO10 5AR.  The term ‘you’ refers to the user or viewer of our website.

The content of the pages of this website is for your general information and use only.  It is subject to change without notice.

The information is provided by Owl and Monkey and while we endeavour to keep the information up to date and correct, neither we nor any third parties make any representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information, materials or graphics found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.  It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or loss of profit arising out of, or in connection with, the use of this website.

This website contains material which is owned by or licensed to us.  This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time, this website may also include links to other websites.  These links are provided for your convenience to provide further information.  We have no control over the nature, content and availability of those sites.  They do not signify that we endorse the website(s).  We have no responsibility for the content of the linked website(s).

This website uses cookies to monitor browsing preferences.  We are committed to ensuring that your privacy is protected so please read our privacy policy for further details as to the information we collect and how we use it.

Every effort is made to keep the website up and running smoothly.  However, Owl and Monkey takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England & Wales.

Terms & Conditions for sale of goods

In these Terms & Conditions, ‘we’ and ‘us’ mean Helen and Matthew Harris trading as Owl and Monkey of 21, Heslington Road, York YO10 5AR, and ‘you’ and ‘your’ means the buyer of goods from us.
By proceeding to purchase goods from us you acknowledge that you will have an obligation to pay for the goods.

1. Goods
a. The goods we sell from time to time (‘the goods’) are shown on our website.
b. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the goods. Your goods may vary slightly from those images.
c. Although we have made every effort to be as accurate as possible, because some of our goods are handmade or vintage, all sizes, weights, capacities, dimensions and measurements indicated on our website are approximate.
d. The packaging of the goods may vary from that shown on images on our website.
e. All Goods shown on our website are subject to availability. We will inform you by e-mail as soon as possible if the goods you have ordered is not available.
f. When you order goods that are described as ‘vintage’ these goods are not new, may have some minor damage and are sold in the condition shown on the website.

2. Price
(i)  The price of each of the goods (‘the price’) is shown on our website and is inclusive of any VAT payable in the UK at the rate then applying.  In addition to the price, delivery for orders to addresses in the UK is charged at £2.95 (up to 200 grams in weight), £4.95 (over 200 grams, but up to a kilo in weight), or at £6.95 (over a kilo and up to 10 kilos). No delivery charge is made on goods ordered to the value of more than £100.  For deliveries outside of the UK please contact us by e-mail for options and prices before ordering online.
(ii)  If the price of the goods increases for any reason, including a pricing error on the website, between the date of your order and the date of delivery, we will notify you of this, and give you the choice of accepting the price increase or cancelling the order in which case your payment will be refunded in full.

3. Ordering
(i) The ordering process for concluding your purchase is offered in the English language.
(ii) You will be able to place your order request for goods from us by clicking on the ‘Proceed to checkout'’ button at the end of the online order process.  You will be guided through the process of placing an order through Paypal via a set of instructions.  Please check that you have entered your details and the order correctly before clicking on the ‘Proceed to checkout'’ button. Final payment will be taken via Paypal when you click the 'Pay' button. In the event of any error in your order, please contact us by e-mail immediately and, in any event, within 24 hours. Once you have placed your order, we will send to you an acknowledgement via email. The acknowledgement confirms that we have received your order.  When your order is ready to be despatched we will send you a confirmation of your order which constitutes our acceptance of your order and completion of the transaction.
(iii) We will keep a copy of your order, which is available on request by e-mail. Alternatively, if you create an account and log in to it with us before placing your order, you will be able to check your order history online.
(iv) Delivery of any goods ordered is subject to our receipt of payment from you through our payment system.
(v) To order any knives you must be aged 18 years or above. By agreeing to these terms and conditions and placing your order you are confirming that you are 18 years of age or older.

4. Payment & Security
All payments are taken by a secure service provider (Paypal). None of your card details are held by us or on our website.

5. Delivery
a. Orders for goods will usually be delivered to you with in ten working days from the date of receipt of your order. Goods are sent by Royal Mail first class delivery, 'Parcel Monkey's'  City Link service or Hermes. Items may need to be signed for if they are heavier or high value items.  If you are left a card to arrange re-delivery or collection please make sure you get in touch with the delivery company by the date specified.  Otherwise your item(s) may be returned to us and you may incur additional postage costs.
b. Any delivery timescales quoted to you are guidelines only.  We do not accept any liability whatsoever for delayed delivery or an inability to supply goods which are no longer in stock, but will use all reasonable endeavours to ensure that goods no longer in stock are shown as such on our website. We will inform you by e-mail and make a full refund to you in the unlikely event that the ordered goods cannot be supplied within 30 days of the date of receipt of your order. If you still want to proceed with your order and will wait until the item comes back into stock then you must promptly notify us of that.

 
6. Ownership and Risk
a. The goods are provided to you on approval.  Ownership in them will transfer to you 14 days after delivery.
b. As soon as you have received the goods, you will assume all risk in the goods.  In the event that you leave instructions for the delivery driver to leave the goods at a location specified by you, either on your property (for example, in the shed) or for the goods to be delivered to a neighbour then this shall constitute delivery and you shall be considered to have ‘received’ the goods.

7. Cancellation
You can cancel your order at any time prior to shipment.  Please just contact us via the details on our 'contact us' page.  Alternatively cancel the order whilst you are logged in to your account on our website.

8. Returns Policy
a. You have a legal right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8(d). This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
b. You may cancel a Contract within 14 days of delivery of the goods (or if the goods are delivered in more than one delivery fourteen (14) days after the date of the final delivery).
c. To cancel a Contract, please use the cancellation form sent to you with our confirmation email  by sending it in an e-mail to funky@owlandmonkey.co.uk. We recommend that you keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date we receive the e-mail.
d. If the goods are not faulty or sent by error and you notify us that you wish to cancel within 14 working days of delivery you will receive a full refund of the price you paid for the goods and any applicable delivery charges you paid for (unless you paid for express delivery in which case you will receive a refund of the standard delivery charge).
e. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which we received the returned goods . If you returned the goods to us because they were faulty or mis-described, please see clause 9 below.
f. We will refund you on the credit card or debit card used by you to pay or if you paid by Paypal, refund to your Paypal account
g. If the goods have been delivered to you:
(i)   you must return the goods to us as soon as reasonably practicable and in any event within 14 days of cancelling the Contract. We do not offer collection but if you wish us to arrange collection, we will collect the goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(ii)  unless the goods are faulty or not as described (in this case, see clause 9), you will be responsible for the cost of returning the goods to us or, where collection is requested, the cost of us collecting the goods from you. If the goods were delivered to you by courier then you must contact us to arrange collection of the goods and we will notify you by email of the cost of collection of the goods;
(iii) you have a legal obligation to keep the goods in your possession and to take reasonable care of the goods while they are in your possession.   You must ensure that the goods are returned in their original packaging, in a fully re-saleable condition and are packaged with reasonable care to ensure their safety and protection from damage in transit. We reserve the right to deduct from any refund an amount to take into account any damage which has diminished the value of the products(s).
h.    The goods remain at your risk until they are returned to us.  We do not accept responsibility for returns that do not reach us or are damaged in transit, and cannot offer a full refund or exchange in such circumstances.
i. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
j. As a consumer, you will always have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
k. If the goods are not faulty or sent by error and you wish to exchange the goods for goods of the same value then we will be happy to arrange this, subject to you paying the cost of delivery of the items sent to you by way of exchange.

9. Faults & Errors
a. If there is a fault or error in the goods delivered, or the goods are in a damaged condition when received, such goods can be returned and we will reimburse the price. Subject to proof of your postage, we will also reimburse your costs in returning such goods.
b. We will always endeavour to issue refunds within 14 days of the receipt of the return.
c. If the goods are exchanged due to:
(i)   a fault;
(ii)  an error in the goods delivered; or
(iii)    the goods were in a damaged condition when received
we will refund the cost of returning the goods to us (subject to proof of postage costs) and we will post out any exchanges free of charge.  We will always endeavour to issue exchanges within 14 days of the receipt of the return.
d. To take advantage of this provision, please inform us within 24 hours of your receiving the goods to arrange a replacement or refund.
e. This is in addition to and does not affect your statutory rights.

10. Accounts
You can set up an online account with us on our website. If at any stage you wish to cancel your account, please e-mail us and we will carry out your wishes.

11. Codes of Conduct
We do not subscribe to any formal codes of conduct, but are committed to providing you with an excellent service.

12. Copyright
This website and its content is copyright of Owl and Monkey.  All rights reserved.

You may not, except with our express written permission, distribute or commercially exploit the content.  Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

13. Complaints or Concerns
Owl and Monkey want to bring a smile to you day so we hope you will not need to use this section.  However, should you have any concerns please do not hesitate to contact us via the information on our ‘contact us’ page.