Terms & Conditions
THESE TERMS ARE ONLY AVAILABLE IN THE ENGLISH LANGUAGE.
Welcome to Orange Elephant. ("Orange Elephant," "we" or "us") website, orangeelephant.co.uk (the "Site"). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the "Conditions"). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our notice for further information.In order to contract with Orange Elephant you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Orange Elephant retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The prices quoted on this Website are final prices, which may vary either higher or lower than the prices in stores. You acknowledge that the prices quoted on the Website at the time of ordering will be honored. Where applicable, prices are inclusive of VAT at the rate appropriate to the country of receipt within the EU. VAT is not included in our prices for customers outside of the EU. Orders to countries outside of EU, USA, Japan may be subject to local VAT, import duties and/or taxes, which are levied once your package reaches your country. Orange Elephant ships your package according to Incoterm Delivered Duty Unpaid (DDU), which means we do not collect VAT, duties and/or taxes on orders to countries outside the EU, USA, Japan and we cannot predict what your particular charges may be. If you do incur any such additional charges they must be rendered in order for your package to clear customs. Please contact your local customs office for more information. If your country is part of the European Union (EU), prices include VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Orange Elephant is not responsible for any changes in currency value or conversion rates that your bank or credit card company may use when charging in your country’s currency.
Stock levels are subject to availability and we do our best to ensure all orders are packed accordingly to the desired quantities and styles. Should any order not be fulfilled by our warehouse upon packing due to items becoming out of stock, we will inform you of this as soon as possible. We will refund you for the out of stock item(s) upon packing and send the rest of your goods. We do not hold any orders and cannot cancel orders at this point of the process. Orders will be packed and shipped as usual in our normal processes and procedures.
DELIVERY AND RETURNS
Shipping costs will be added where applicable. For shipping charges, please view the Orange Elephant shipping charge table.
Exchanges and refunds
During 14 days following the delivery of your order, you may request the exchange or refund of items, which you must return to us in perfect condition accompanied by the original invoice. Returns will only be accepted if labels and original packaging are fully intact. Orange Elephant cannot accept returns where labels have been removed. Products purchased on sale (discounted price) are not eligible for return or exchange. You are responsible for the shipping of returned items back to Orange Elephant. Items lost in transportation will not be compensated for. Shipping charges on returned merchandise are at the customer's expense. However, Orange Elephant will not charge additional shipping on exchanges. All exchanges are subject to availability. Refunds for returned merchandise will be made within two weeks of the return of the product, to the original purchaser’s credit card or payment method. Note that additional duties and/or taxes will not be refunded. Neither will shipping costs, as mentioned above. For countries within the EU, VAT will be included in the refund.
Faulty items after review and conclusion of reflecting production issues, will be exchanged to the same type of product in the same size, subject to availability, or refunded. Refunds for faulty items can be made within the 14-day period following delivery. All products purchased during our final sale are not eligible for return or exchange. Exchanges and returns can only be made as described in Orange Elephant’ instructions, which can be found in your confirmation e-mail.
Items cannot be exchanged or refunded at any stores. All orders are fulfilled at our distribution centers in New Jersey (USA), 's-Heerenberg (Netherlands), Shiba (Japan) usually within 1 business day (subject to card clearance and stock availability), sale periods may have an effect on order fulfilment times. We operate Monday to Friday and not on public holidays. When your order is placed we will send you a confirmation of the purchase. Once your package is shipped we will send you an email with final confirmation and instructions. Most orders are shipped standard mail. Depending on the intended ship-to location, orders can be subject to other shipping methods and the specific warehouse processing the order may utilize tracking. Applicable orders will have the tracking reference provided in the shipping confirmation email. Our appointed courier partners in each region deliver all orders. Uncollected items are subject to 20 USD, 15 EURO, 1500 JPY, 12GBP, 15 AUD, 20 CHF, 18 CAD, 150 SEK, 120 DKK or 150 NOK will be charged for uncollected items if the package is to be re-sent. Incorrect contact details will be subject to an extra charge of 20 USD, 15 EURO, 1500 JPY, 12GBP, 15 AUD, 20 CHF, 18 CAD, 150 SEK, 120 DKK or 150 NOK will be charged for returned deliveries caused by entering incorrect or insufficient contact details. Orders to countries outside USA, JAPAN and EU may be subject to VAT, import duties and/or taxes, which are levied once your package reaches your country.
We accept card payments by Visa, MasterCard, American Express and several local payment options. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
DISCOUNT CODES (COUPON CODES)
Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. Only one promotional discount code can be applied to an order. The conditions of use relating to any discount code will be specified at the time of issue.
Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by. We can’t accept any responsibility for stolen or deleted gift vouchers. We will dispatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can not take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.If you need a refund, this will be made in the same way as the original payment method.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Orange Elephant. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Orange Elephant.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Orange Elephant shall issue you a refund.
Most Orange Elephant products displayed on the Site are available in select stores around the world while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in stores.
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
USER GENERATED CONTENT
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the "User Generated Content") to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Orange Elephant a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Orange Elephant and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Orange Elephant the right to pursue at law any person or entity that violates your or Orange Elephant’ rights in the User Generated Content by a breach of these Conditions.User Generated Content submitted by users is deemed non-confidential and Orange Elephant is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Orange Elephant reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Orange Elephant is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Orange Elephant or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Orange Elephant from any claims that you could otherwise assert against Orange Elephant by virtue of any moral rights.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the "Interactive Areas"). If Orange Elephant provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Material that promotes illegal drug use, tobacco or firearms use;
Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited advertising or links to other commercial sites;
Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
Material that communicates messages inconsistent with the positive good will of Orange Elephant;or
Material that, in the sole judgment of Orange Elephant, is objectionable, or which may expose Orange Elephant or its users to any harm.
Orange Elephant takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Orange Elephant liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Orange Elephant is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Orange Elephant has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Orange Elephant reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site. Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.
Comments and Submissions
COPYRIGHT COMPLAINT POLICY-INFRINGEMENT NOTIFICATION
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Orange Elephant that your copyrighted material has been infringed. Please provide the following information in the following order (including Section Numbers):
A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be emailed or mailed to:
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act and other applicable law, Orange Elephant has adopted a policy of terminating, in appropriate circumstances and at Orange Elephant’ sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. Orange Elephant may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless Orange Elephant, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees), arising from or relating in any way to your use of the Site.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of UK, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the country of UK.
For EU countries, an eventual conflict between seller and buyer could be resolved with the EU website Online Dispute Resolution (ODR). More information on rules for your country are specified here:
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (A) Orange Elephant is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) Orange Elephant is not responsible for any other form of transmission received from any linked site. Orange Elephant is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Orange Elephant of the site. Any concerns regarding any such link should be directed to the particular third party website.
MERCHANT AND ADVERTISEMENT DISCLAIMER
You may have access to certain third party product or service providers (“Merchants”) from which Orange Elephant products and gift vouchers are advertised or available for purchase. You acknowledge that Orange Elephant does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. You agree that use of or purchase from such Merchants is without warranties of any kind by Orange Elephant. Orange Elephant is not a party to the transactions between you and Merchants and Orange Elephant is not liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant websites. All rules, legal documents including privacy policies and operating procedures of Merchants will apply to you while on any Merchant websites.
These Conditions are effective unless and until terminated by either you or Orange Elephant. You may terminate these Conditions at any time. Orange Elephant also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Orange Elephant’ sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.
This site and the materials and products on this site are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, Orange Elephant disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Orange Elephant does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful. Orange Elephant does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Orange Elephant reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall Orange Elephant or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the site; (b) the performance of the services, products and materials available from the site; or (c) the conduct of other users of the site, even if Orange Elephant has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against Orange Elephant for dissatisfaction with the site or any content is to stop using the site.
Unless otherwise specified and except to the extent Orange Elephant products are offered for sale in the select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Orange Elephant products and services available in the select foreign markets. This Site is controlled and operated by Orange Elephant from its office in Manchester, UK. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Orange Elephant to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of laws and regulations. If you access the Site from a location outside the UK, you are responsible for compliance with all local laws.