Terms & Conditions
TERMS & CONDITIONS
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website shop.oralb.co.uk ('the Website') and your relationship with:
(i) The Hut.com Limited whose registered office is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ or('we', 'our', or 'us').
Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
By using the Website you agree to be bound by these Terms.
We reserve the right to update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that:
The personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity
The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives on:
tel: 02033 676033
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
5. PROTECTING YOUR SECURITY
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. THIRD PARTY LINKS
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgement of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card, PayPal account or receiveconfirmation from SplitIt that your payment plan has been approvedor (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
10. CANCELLATION RIGHTS
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods. For the return to be processed the product will need to be returned in its original undamaged packaging.
If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.
11. PRICE AND PAYMENT
All prices shown are inclusive of VAT (only where applicable - see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. If payment is to be made via a credit card a pre-auth value of £0.01 will be held against the card until the card issuer validates the payment.
Payment for the single purchases valued at £100 or more can also be made via an instalment plan with SplitIt. SplitIt will confirm i) you have authorised and ii) they have appropriately established the instalment plan before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. For any questions, please contact our customer service representatives on:
Tel: 02033 676033
12. SPLITIT PAYMENT METHOD
We are working together with Splitit to offer safe, convenient, interest free payment* options at checkout when single orders are worth £100 or more. Splitit shoppers use their existing credit card to pay over time, which keeps their payments small.
Choose Splitit at checkout and use your credit card to split your payment into instalments to pay over time.
Choose whether you’d like to split your payment into up to 12 monthly instalments for orders valued at £100 GBP or more. Transactions are approved wherever the credit card is accepted, based on your available credit line.
For further details this payment method, please visit:
* As payments are being charged to your credit card, you may be charged interest or charges imposed by your credit card issuer under their agreement.
13. ELIGIBILITY TO PURCHASE
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must, if an individual, be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
14. REFER A FRIEND
Subject to the terms set out below, you may earn ‘credit’ for use on this Website by referring a new customer(s) to us through our referral scheme by sharing the referral link and/or referral code we provide to you (the “Referral Scheme”). You are only eligible to participate as a ‘referrer’ in this Referral Scheme if you have previously placed an order on the Website.
A new customer is a natural person who has not previously placed an order with us (a "Referee"). If the Referee has an active account on the Website but has not previously placed an order on the Website then they are entitled to participate in the Referral Scheme through the ‘referral link’ only. If the Referee already has an account on the Website then they will be unable to participate in the Referral Scheme using a ‘referral code’ (regardless of whether they have previously placed an order).
If the Referee has clicked through your referral link the discount code will automatically be applied at checkout. If the Referee is using a referral code, the Referee must enter this code at checkout.
For the avoidance of doubt, any credit generated from the Referral Scheme may only be spent on the Website and neither you nor the Referee is entitled to receive any payment of any kind in respect of the credit. The credit can only be redeemed on new orders is not redeemable for cash. The credit that stands to your Referral Scheme account is not transferable in any way.
You will receive the applicable credit on your account 24 hours after dispatch of the Referee's order. If the Referee cancels their order for any reason within 24 hours of it being dispatched, you will not qualify for any credit. You will receive your credit in the default currency of the Website.
Any credit accrued through the Referral Scheme that has not been used within 12 months from the date of accrual will expire.
The Referee must place an order with a value of at least the minimum value as stated on the Website from time to time.
Subscription products are excluded from the Referral Scheme. We may exclude additional products from the Referral Scheme at our sole discretion from time to time.
We may, in our sole discretion, withdraw your credit generated from the Referral Scheme at any time if we believe or suspect that your use of the Referral Scheme is fraudulent, misleading or contrary to these terms.
15. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
16. LIMITATION OF LIABILITY
Notwithstanding any other provision in the Terms, nothing in these Terms affect or limit your rights as a consumer under English law; or will exclude or limit our liability for death or personal injury resulting from our negligence.
We may not be held liable for unforeseeable damage, or for a total or partial failure to meet our obligations, if this failure results from a case of force majeure or act of third party.
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- incompatibility of the Website with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the Website;
- unsuitability, unreliability or inaccuracy of the Website; and
- failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
Delivery is made by post only to the United Kingdom (Jersey, Guernsey, Isle of Man are excluded). Products are delivered to the delivery address which you gave us during the order process. All indicated time periods are calculated in working days. Delivery times given on the site are indicative times, corresponding to the average recorded times for processing and delivery. We may not be held liable for consequences due to a shipping delay not caused by us.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
20. ENTIRE AGREEMENT
These Terms form the entire basis of any agreement reached between you and us.
21. LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
22. SUBSCRIPTION TERMS AND CONDITIONS
By subscribing to our Oral-B subscription service, you acknowledge that you agree to our Terms and Conditions.
You first must choose the pack of replacement toothbrush heads that best suits you. You must then choose the frequency at which you wish to receive your replacement brush heads at your home: every two months, every 3 months or every 4 months. Please note active subscriptions are restricted to 1 per account. We reserve the right to cancel attempts to open multiple subscriptions.
. We aim to ship your chosen replacement brush heads pack within 24 hours upon successful payment of your subscription upon payment being received.
Any subsequent delivery will take place every two months, every 3 months or every 4 months from the dispatch your previous subscription order. These shipment dates, and the direct debit date, are specified in the account section on the website.
By confirming your order, you are subscribing to a recurring delivery service (every two months, every 3 months or every 4 months) until one of the parties decides to terminate this subscription. You acknowledge that this offer commits you to a payment every two months, every 3 months or every 4 months and you authorise us to debit the corresponding sum automatically. By logging on to your subscriber account you can:
- cancel your subscription up to midnight of the next billing date of your order. If we are unable to process your cancellation, you will be notified via email & will receive one last replacement brush heads pack .
- delay your ongoing subscription for 1 or 2 occurrences (each delay is equal to 1 month) 5 days before the next billing date, up to a maximum of 2 occurrences per order.
- change your bank card information up until the order is generated.
- change your delivery address up until the order is generated.
The cancellation, change of bank card and address requests shall be taken into account immediately if they are made by 23:59 on the day before your next billing date. However, if these modification requests are made on the planned billing day, or the following days, they will only be effective for the next shipment.
Your billing date is determined by the dispatch of your previous subscription order to ensure that we only dispatch the replacement brush heads pack when you need them. If your next billing date falls on the 29th, 30th or 31st of any given month, it will be automatically changed to the 1st of the following month.
Each subscription is classed as a single sales contract for regular delivery of goods, so you are only entitled to receive a refund if you cancel your subscription with us within 14 days from the day on which you acquire physical possession of your first replacement brush heads pack”.
The above cancellation policy does not affect your statutory rights. Please see clause 10 above for further information about your right to cancel.
We reserve the right to cancel your subscription at any time as a result of any breach of these Terms. We also reserve the right at our absolute discretion to cancel and/or change the Oral-B subscription model.
- Customers can delay each order up to a maximum of 2 months. Each delay is equal to 1 month.
- The subscription delay count is automatically reset to 2 (capped at 2) upon successful creation of the next subscription order. For example: If the next billing date is 21/01/19 and is delayed by 2 months to 21/03/19, the user will have no more delays available. The next order is successfully dispatched on 21/03/19, resulting in then the users delay count being reset to 2.
- Customers are only able to delay their next order up to 5 days before their next billing date.
- Customers are able to cancel their delay up to 5 days before their next billing date was, before they submitted the delay request .For example: if the next billing date was 15/02/19 and a 1 month delay request was submitted to make the next billing date move to 15/03/2019, the delay request can be cancelled up until 10/02/19 and the billing date would be reverted back to 15/02/19.
23. USER SUBMISSIONS
These Terms govern your conduct, your rights, and our rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you make associated with the Websites ("Submission"). When you submit a Submission, you agree to the following:
-your Submission is original, accurate, created by you, and not an impersonation;
-you are currently a bona fide user of the product(s) mentioned in your Submission and your Submission reflects your true and honest opinion of and current experience with the products(s);
-you are over the age of majority, or, if a minor, your parent or legal guardian consents to your submission;
-you are not an employee of ours nor do you work for an affiliate or agency hired by us to promote and/or sell products; OR, if you are employee of ours or work for an affiliate or agency hired us to promote and/or sell products, you agree to include a clear and conspicuous disclosure of your relationship with Us in your Submission;
-your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for us or any third party;
-your Submission is made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission. Your Submission is also made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your Submission used for Oral-B’s promotional purposes. Or, if you did receive a benefit, you clearly disclose the details of the benefit in your Submission;
-your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libellous, slanderous, or otherwise inappropriate;
-your Submission does not contain content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
-your Submission does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
-your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
-your Submission does not contain content or materials intended to create disruption or to mislead others, such as posting multiple Submissions in an effort to monopolize the forum or posting a Submission unrelated to the forum’s designated topic or theme;
-your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with Us;
-your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
- Our use of your Submission does not violate these Terms and will not cause injury to any person or entity.
If the Submission is related in any way to a promotion, sweepstakes, contest, giveaway, or similar program, Additional Terms may apply. Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available on the Sites are those of the respective author(s) or distributor(s). We neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission.
We do not and cannot review all Submissions posted to or created by users accessing the Website and we are not in any manner responsible for the content of these Submissions. You acknowledge that by providing you with the ability to view and distribute user generated content on the website, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Submissions or activities on the Site. We will have no obligation to post or use any Submission(s). We reserve the right to block or remove Submissions and/or users that we determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Us at our sole discretion. Note that any personally identifiable information you may post or transmit will be treated by in accordance with Oral-B’s Privacy Statement. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement., any Submission will be considered non-confidential and non-proprietary. We will have no obligations with respect to the Submissions.
By submitting a Submission, you grant each of the following to Us and to Oral-B’s manufacturer:
- a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use, monitor, review, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Oral-B’s web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
-an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or video graphic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Oral-B’s web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
-You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above.
By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Us and Oral-B’s manufacturer and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the rights as noted above.
You understand that We are relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement.
We do not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you, not US, are responsible for the contents of any Submission(s).