Terms & Conditions

Oldrid & Co Limited Website – Terms of Use

What's in these terms?

These terms tell you the rules for using our website www.downtownstores.co.uk (“our site”).

Who we are and how to contact us

We operate the website www.downtownstores.co.uk. We are Oldrid & Co Limited, a company registered in England and Wales under company number 284283 and with our registered office at Downtown Store, Gonerby Moor, Grantham, Lincolnshire, NG32 2AB. Our main trading address is also Downtown Store, Gonerby Moor, Grantham, Lincolnshire, NG32 2AB . Our VAT number is 308354510.

To contact us about an online purchase, please click here.

To contact us about our site, please email online@downtownstores.co.uk or telephone 03452 505502.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 24th May 2018.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at dataprotection@downtownstores.co.uk

How you may use material on our site

We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information uploaded by other users of the site, such as customer reviews. This information has not been verified or approved by us.

If you wish to complain about information and materials uploaded by other users please contact us

Our responsibility for loss or damage suffered by you

Whether you are a consumer or business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of supply.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that 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. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Terms and Conditions of Supply

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.downtownstores.co.uk ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1. Service availability

Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom.

2. Your status

By placing an order through our site, you warrant that:

  2.1.1 you are legally capable of entering into binding contracts;

  2.1.2 you are at least 18 years old;

  2.1.3 you are resident in the UK;

  2.1.4 you are accessing our site from that country; and

  2.1.5 any purchases made by you will use a UK registered bank or credit card.

3. How the contract is formed between you and us

3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched ("Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.

3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

4. Consumer rights

4.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Further advice about your legal right to cancel the Contract is available from your local Citizen’s Advice Bureau or Trading Standards Office.

4.2 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to telephone 03452 505502 or email online@downtownstores.co.uk. If you use either of these methods we will email you to confirm your cancellation. You must also return the Products to us without undue delay and in any event not later than fourteen days after the day on which you let us know that you wish to cancel the order..

4.3 You will not have any right to cancel a Contract for the supply of any of the following Products:

• Earrings for pierced ears.

• Food and Drink.

4.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.

5. Availability and delivery

5.1 We will contact you with an estimated delivery date, which will be within thirty days after the dispatch of the Dispatch Confirmation. Occasionally our delivery may be affected by an event outside our control, a force majeure event, see clause 15 for your responsibilities when this happens.

5.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us.

5.3 If we miss the thirty day deadline for any Products then you may cancel your order straight away if any of the following applies:

  5.3.1 we have refused to deliver the Product;

  5.3.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

  5.3.3 you told us before we accepted your order that delivery within the delivery deadline was essential.

5.4 If you do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

5.5 If you do choose to cancel your order for late delivery under clause 6.3, you can do so for just some of the Products or all of them, unless splitting up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.  Full details of our delivery terms can be found by clicking here.

6. Risk and title

6.1 The Products will be at your risk from the time of delivery.

6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

7. Price and payment

7.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

7.2 Product prices include VAT.

7.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

7.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the checkout process, before you confirm your order. To check relevant delivery charges, please refer to our delivery charges and options page which can be found by clicking here.

7.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

7.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.

7.7 Payment for all Products must be by credit or debit card. We accept payment with all major credit and debit cards with the exception of American Express. We will charge your credit or debit card on whichever is the earlier; on despatch of your order or three days after receipt of your order.

8. Our refunds policy

8.1 If you return a Product to us:

8.1.1 because you have cancelled the Contract between us within the fourteen day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.  In this case, we will refund the price of the Product in full, and any applicable delivery charges, although, as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer (provided that this is a common and generally accepted method). However, you will be responsible for the cost of returning the item to us.

8.1.2 for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8.3 Full details of our returns and refund policy can be found by clicking here.

9. Warranty

We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

10. Our liability

10.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 11.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

10.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

  10.2.1 loss of income or revenue;

  10.2.2 loss of business;

  10.2.3 loss of profits;

  10.2.4 loss of anticipated savings; or

  10.2.5 loss of data.

However, this clause 11.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by clauses 11.2.1 to 11.2.5 inclusive of this clause 11.2.

10.3 Nothing in this agreement excludes or limits our liability for:

  10.3.1 death or personal injury caused by our negligence;

  10.3.2 fraud or fraudulent misrepresentation;

  10.3.3 any breach of the obligations implied by the Consumer Rights Act 2015;

  10.3.4 defective products under the Consumer Protection Act 1987;

  10.3.5 any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or

  10.3.6 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. Notices

All notices given by you to us must be given to Oldrid & Co Limited at Downtown Store, Gonerby Moor, Grantham, NG32 2AB or despatchonline@downtownstores.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. 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 address of the addressee.

13. Transfer of rights and obligation

13.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. We will always tell you if this happens and will ensure that the transfer will not effect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

14. Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").  If our supply of the products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  14.2.1 strikes, lock-outs or other industrial action;

  14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

  14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

  14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

  14.2.5 impossibility of the use of public or private telecommunications networks; and

  14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. Waiver

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

16. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Entire agreement

17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

17.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

17.4 Nothing in this clause limits or excludes any liability for fraud.

18. Our right to vary these terms and conditions

18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. Although once an order has been placed with us, before dispatch, we will contact you if your orders specifications change.

18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the despatch confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

19. Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.