ABOUT OAKDEN : We are a small British company making Traditional and Regional Bakestones, Griddles and Cookware. By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE OAKDEN STORE AND SERVICES. WHEN ASKED TO AGREE TO THESE TERMS, CLICK “ACCEPT.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “ACCEPT,” AND DO NOT USE THE SERVICES OFFERED OR PURCHASE OUR PRODUCTS.
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your order and by your use of our Service, you agree to comply with all of the terms and conditions set out in this Agreement. In these terms and conditions “we” and “us” mean Oakden, and “you” and “your” means you the customer. These terms and conditions together with your Order Dispatch Confirmation constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
In the UK you are protected under the Consumer Rights Act 2015.
PURCHASE OF PRODUCTS
1. ACCEPTANCE OF ORDERS
All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products”) from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
(1) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(2) If we are unable to obtain authorisation of your payment;
(3) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(4) If shipping restrictions may apply to a Product ; or
(5) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services (the “Delivery Services”). Please note that this email is only an acknowledgement that we have received your order and is not an acceptance of your order.
NOTE: Acceptance of your order and the formation of (a) a contract of sale of the Products between us and you will not take place unless and until (i) in the event that you have elected to collect the Products from an Oakden store in person, (ii) the Products have been dispatched for delivery to the relevant address and we have sent you an email confirming that the Products have been dispatched to you (“Order Dispatch Confirmation”). Please note that the option to collect in person is only available in certain circumstances. After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
Orders can also be placed by telephone in English. Where you provide us with an email address, we will follow the default process outlined. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time. In either case, acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until (i) the Products have been collected from us or (ii) the Products have been dispatched for delivery.
In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. It is important that you fully check your order before the transaction is processed.
NOTE: Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, measurements and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects.
We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
All prices of Products on the Website are the price for the Products only. They include any VAT or other sales tax payable. We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes.
NOTE: Prices do not include the delivery P&P charge to you for delivery, if any.
INCORRECT PRICING : We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product’s correct price is lower than the price stated on the Website, subject to our right to refuse an order, we will charge the lower amount and send you the Product. If a Product’s correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the product has not been shipped.
Oakden may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
WORLDWIDE DELIVERY : We are sending products from the UK – please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. 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.
3. PAYMENT TERMS
The total cost of your order will be the purchase price for the Products (which you pay to us) plus any delivery charges.
Please note that we accept payment in the payment currency specified for the country of your selected shipping destination.
You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
NOTE: We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s) being located in the United Kingdom.
If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
5. DELIVERY, TITLE AND RISK
We do not deliver the Products, but our delivery partners (logistics providers) provide delivery of our Products to you. When ordering, you will be offered a Delivery Service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. Neither we nor our Delivery Partners can be held responsible if that delivery address is incorrect or incomplete. Please note that Oakden does not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from the Website. Details of the locations to which deliveries are available from us are on request.
When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and our Delivery Partners will endeavour to despatch your order in accordance with the estimated delivery times set out or as otherwise specified in the checkout process as you submit your order. Please note that there are a number of UK postcodes to which we cannot deliver on a next day basis or on a Saturday.
There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any specified “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in London which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.
Title in the Products will pass to you on the later of:-
(a) the date on which we receive payment in full for such Products; and
(b) the date and time of collection of such Products by our Delivery Partners on your behalf for delivery to your nominated address.
NOTE : Once a Product has been collected by our Delivery Partners on your behalf, all risk of damage to, or loss of, the Product shall pass to you. However, the terms and conditions of Distribution contain certain provisions protecting you until such time as our Delivery Partners delivers the Product(s) to you or, in the event that you elect to collect your Product from us, on the collection of such Product by you or by a third party on your behalf from our distribution building.
We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
In the event that a Product is subsequently imported into a country other than the country to which our Delivery Partners delivered the Product or from collection from us which you collected the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
6. CANCELLATION AND RETURNS
Should you wish to cancel or return any Products, you may only do so in accordance with your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (“Regulations”). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
If you wish to exercise your right to cancel this contract after your order has already been despatched, we will refund the original purchase price, provided that you have notified us in writing no longer than 14 working days after the day on which you receive the Products, and that you have taken reasonable care of the Products and not used them. Please note the following:
NOTE : Where you return a Product under the Regulations we will issue you with a full refund but you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, Oakden shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.
Ensure you return your items unused and undamaged with any labels still attached in their original packaging. The original despatch note or the return note needs to be included. If we find that the products have not been returned to us in fully resaleable condition, we reserve the right to refuse a refund on the item. Please note we are not responsible for return postage. Neither can we accept responsibility for packages that never reach us, so we advise you to use a traceable and insured service to return your product to us.
7. AGE REQUIREMENTS
If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
8. LIMITATIONS OF LIABILITY
The traditional cookware items sold by Oakden, like our griddles and bakestones, are based on very old designs and they exhibit the characteristics outlined in (a) and (b) below. For hundreds of years people have used these very same designs to bake on, without issue, and with the proper care taken they are great products to use.
(a) As expressed several times under the product descriptions, many of the griddles and bakestones are of a traditional heavy nature. Therefore, they need care in handling and use due to their weight. We accept no liability for the negligence arising out of the incorrect use of the products, or for the damage a heavy object like these may cause if dropped, whether by design or accident.
(b) A heavy based steel object like a griddle or bakestone conducts heat very efficiently. As these bakeplates are designed to bake on, over a heat source, they can become very hot. The metal handles and any other conductive areas also get hot. Take care in handling them – allow to cool or use an oven glove. We accept no liability for the negligence arising out of the incorrect care taken when baking on a hot cookware item.
Care Notes: Never leave an empty bakestone/griddle unattended on a heat source as this may cause damage. Always allow the griddles to cool before cleaning in hot soapy water. Avoid using metal utensils and do not use scourers or abrasive cleaners. Ensure the bakestones/griddles are thoroughly dry before storing away – this can be done by warming in the oven. Some griddle surfaces may need to be conditioned with oil once washed in detergent and rinsed in clean water. Ensure your griddle/bakestone is the correct material / size / weight for the hob you are cooking on.
Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; (iii) under Section 2(3) of the Consumer Rights Act 2015; or (iv) for any other liability which cannot be limited or excluded by applicable law.
Subject to the above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
(a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
NOTE : Subject to the aggregate liability under these Terms of Oakden whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Oakden.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 : The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.
This section does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
GOVERNING LAW AND JURISDICTION : These Terms and all transactions relating to the Website are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts.
USE OF OUR WEBSITE
These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the “Terms”) apply to your use of and access to the Website and any other website or application permitting you to place an order with Oakden for any products and services (such websites and applications being the “Applications” for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or Applications. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or the Applications you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing this Website and all Applications immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website or the relevant Application. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
You agree that the information you provide when you register on the Website is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.
We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
The Website may include links to other websites or resources (“Linked Websites”). Oakden has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, Oakden is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Oakden will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
Oakden may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.