Terms and Conditions

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A. WEBSITE TERMS OF USE

TERMS OF WEBSITE USE

These terms of use (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.octopusshop.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
INFORMATION ABOUT US

www.octopusshop.com is a site operated by Zoostation Limited (trading as Octopus) ("we", "us", "our"). We are registered in England and Wales under company number 02854436 and have our registered office at 28 Carnaby Street, London, W1F 7DQ. Our VAT number is 653611742.
ACCESSING OUR SITE
1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
4. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
1. All copyright and other intellectual property rights and goodwill in or relating to the contents of our site or to their selection, creation or arrangement or the design of our site belong either to us or to third parties.
2. In particular, any trade marks displayed may be registered and nothing contained in these terms of use or on our site should be construed as granting any licence or right to use any of the trade marks without the permission of the owner.
3. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
4. 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.
5. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
6. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
7. 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.
RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY
1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
2. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
3. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for
  - loss of income or revenue;
  - loss of business;
  - loss of profits or contracts;
  - loss of anticipated savings;
  - loss of data;
  - loss of goodwill;
  - wasted management or office time;
  - and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
4. This clause 7 does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
5. Each of the sub-clauses in clause 7.3 are to be regarded as separate and severable clauses. If any sub-clause shall be or become void or unenforceable in whole or in part, the other provisions shall remain valid and enforceable.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy www.octopusshop.com/privacy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of supply set out below.
VIRUSES, HACKING AND OTHER OFFENCES
1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.
2. 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.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2. You must not establish a link from any website that is not owned by you.
3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.
VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact customerservice@octopusshop.com
Thank you for visiting our site.

B. WEBSITE TERMS OF SUPPLY

OCTOPUS TERMS AND CONDITIONS OF SUPPLY

These terms and conditions of supply (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.octopusshop.com (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.
Separate terms of use apply to your use of our site. By using our site (even if you don't buy any Products) you also agree to be bound by the terms of use set out above.
INFORMATION ABOUT US

www.octopusshop.com is a site operated by Zoostation Limited (trading as Octopus) ("we", "us", "our"). We are registered in England and Wales under company number 02854436 and have our registered office at 28 Carnaby Street, London, W1F 7DQ. Our VAT number is 653611742..
YOUR STATUS

By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Our site contains information about Products advertised for sale. By displaying the information about these Products, we are inviting you to place an order for any Products in which you may be interested. The display of Products on our site does not represent an offer on our behalf to sell Products.
2. You may place an order for a Product which you would like to purchase by clicking on that Product image. You may add to your shopping basket and choose the Products which you like to add to your basket and you may change your order or deselect Products at any time up to the point when you will be asked to confirm your order by checking that all the details are correct and provide payment details.
3. Once you have selected the Products which you would like, you will be asked to register your personal details with us by completing the "Registration form". This enables us to process your order and deliver the Products. You will also be asked to provide details about your credit or debit card in order for our online payment provider to take payment for the Products which you wish to purchase.
4. When you complete the Registration Form you will be asked to give us a password so that the information which you provide to us is secure. It is your responsibility to maintain the confidentiality of your password and account information. We will not be liable for any loss or damage that may arise out of your failure to maintain the confidentiality of this information.
5. Once you have completed all this information and submitted your order, we will then send to you an automatic email acknowledgement to let you know that your order has been received. This is NOT confirmation that we have accepted your order.
6. Acceptance of your order will only take place upon despatch of the Products to you unless we have previously notified you that we do not accept your order or if you cancel your order as explained below in the section on right of cancellation. We will send you an email confirming that the Products have been dispatched (the "Dispatch Confirmation"). The point at which the Product is despatched will be the point at which the contract between us will be formed.
CIRCUMSTANCES IN WHICH WE MAY REFUSE TO ACCEPT YOUR ORDER
1. We reserve the right to decline any order which you may place in circumstances which may include but which are not limited to the following situations:
  - the Product which you have ordered is not in stock or if the Product which you wish to purchase is otherwise no longer available or the size which you require is not available;
  - we are unable to obtain authorisation for payment from you; or
  - we identify a Product or pricing error on our site ;
  - you fail to meet any of the criteria which we stipulate for eligibility at any point throughout our site.
2. All Products are advertised for sale on our site subject to availability. We may inform you as soon as possible if the Products that you have ordered are not available but shall not be obliged to do so.

CONSUMER RIGHTS

Note: Clause 6.1 only applies to consumers. A consumer is any party who is not contracting in the course of a business.
1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working 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 11).
2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us at 191 Hercules Road, London, SE1 7LD immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
3. You may request that we collect the Products. It is solely at our discretion to do so and we are under no obligation to provide this service. We are entitled to make a charge for the collection of such Products if we chose to do so.
4. If you fail to return or make available for collection any unwanted Product within 30 days of the date of cancellation of the Contract then we reserve the right to take action against you to recover the cost of the Product.
THE PRODUCTS
1. The quantity and description of Products shall be as set out in your order to us via our site.
2. All Products sold by us are intended for domestic use and are not suitable for commercial or industrial use unless otherwise stated.
3. All images, pictures, drawings, sketches, designs, descriptive matter, specifications, advertisements issued or displayed on our site or in any document or content contained on it (such as catalogues and product guides) or provided directly to you are issued for the sole purpose of providing a representative view of the Products. Due to the limitations of the printing and display process, colours may appear different on individual computers and at different screen resolutions to the actual Product provided.
4. Whilst we have endeavoured to create as close a representation to the actual colours and textures in all images, we accept no liability for Products which do not fully compare with the colours, textures or styles represented in the images on the website or other documentation such as catalogues or product guides.
DELIVERY
1. Delivery of the Products shall be made by our nominated delivery company to the address given in your Registration Form and as detailed in our Despatch Confirmation. We will endeavour to deliver Products in accordance with the date set out in the Despatch Confirmation but please note that any dates given are estimates only and delivery dates may vary.
2. It is your responsibility to ensure that all delivery address details are full and complete. We reserve the right to refuse delivery of goods to addresses which have no allocated postal code (or equivalent) or where the address information does not correspond with the postal code (or equivalent) provided by you.
3. We reserve the right to apply additional charges in the event that missing or incorrect delivery information (including information relating to access) provided by you causes additional costs to be incurred by us as a result of failed delivery which includes but is not limited to temporary storage of the Products and the subsequent cost of re-delivery.
4. It is your responsibility to check the Products ordered when they are delivered and any shortages, defects or damages must be reported in writing to us within a reasonable time period.
5. You shall as far as reasonably possible ensure that adequate access is available to and from the delivery location. It is your responsibility to inform us of any local restrictions of both a permanent or temporary nature which may impact on access to the delivery location.
6. You must sign to confirm acceptance of the delivered Products.
RISK AND TITLE
1. The Products will be at your risk from the time of delivery. This means you will be liable for any subsequent damage, loss or destruction.
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.
PRICE AND PAYMENT
1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
2. Price(s) (unless stated otherwise) include VAT but exclude delivery costs, which will be added to the total amount due. The delivery costs will be as stated prior to payment confirmation.
3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
4. 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.
5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6. Payment for all Products must be by credit or debit card using our online payment provider.
7. No order will be accepted or Products dispatched without receipt by us of full payment for the Products.
8. We accept no responsibility or liability for the security, functionality, or availability of any online payment systems provided by a third party and will not be held liable for any loss or damage resulting from their use.
9. We shall not be held liable for any loss due to fraudulent use of your payment information by any third party except due to our negligence.
OUR REFUNDS POLICY
1. When you return a Product to us:
  - because you have cancelled the Contract between us within the seven-day cooling-off period (see Clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
  - for any other reason (for instance, because you have notified us in accordance with Clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim 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 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
2. You must, if we request, make available to us for inspection any Products you claim to be defective.
3. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
OUR LIABILITY
1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
2. We shall not be liable for defects arising from your faulty assembly, erection, installation or maintenance of the Products or from alterations carried out without our consent in writing or from repairs carried out improperly by you.
3. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
4. This does not exclude or limit in any way our liability:
  - For death or personal injury caused by our negligence;
  - Under section 2(3) of the Consumer Protection Act 1987;
  - For fraud or fraudulent misrepresentation; or
  - For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
5. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
6. We are not responsible for loss of business which happens as a side effect of the main loss or damage and which are not foreseeable by you and us.
7. We are not responsible for loss of profits or contracts which happens as a side effect of the main loss or damage and which are not foreseeable by you and us.
8. We are not responsible for loss of anticipated savings which happens as a side effect of the main loss or damage and which are not foreseeable by you and us.
9. We are not responsible for loss of data which happens as a side effect of the main loss or damage and which are not foreseeable by you and us.
10. We are not responsible for waste of management or office time which happens as a side effect of the main loss or damage and which are not foreseeable by you and us.
11. Clauses 12.5 to 12.10 inclusive shall apply in relation to any loss or damage of the relevant type however arising and whether caused by tort (including negligence), breach of contract or otherwise.
12. Nothing in Clauses 12.5 to 12.10 shall prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 12.1 or Clause 12.3 or any other claims for direct financial loss that are not excluded by any of categories 12.5 to 12.10.
13. Each of Clauses 12.5 to 12.10 are to be regarded as separate and severable clauses. If any Clause shall be or become void or unenforceable in whole or in part, the other provisions shall remain valid and enforceable.
IMPORT DUTY
1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. 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.
2. 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.
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.
NOTICES

All notices given by you to us must be given to Zoostation Limited at 28 Carnaby Street, London, W1F 7DQ. 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 14 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.
TRANSFER OF RIGHTS AND OBLIGATIONS
1. The contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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.
EVENTS OUTSIDE OUR CONTROL
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").
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:
  - Strikes, lock-outs or other industrial action.
  - Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  - Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  - Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  - Impossibility of the use of public or private telecommunications networks.
  - The acts, decrees, legislation, regulations or restrictions of any government.
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.
WAIVER
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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 15 above.
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.
ENTIRE AGREEMENT
1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
1. We have the right to revise and amend these terms and conditions from time to time for any reason, including but not limited to, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
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).
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy www.octopusshop.com/privacy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
LAW AND JURISDICTION

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.