Terms & Conditions

Terms & Conditions

Welcome to the Indigo Octopus website. By accessing and using the Indigo Octopus website and/or placing an order, you are agreeing to be bound by the terms and conditions set out below. All orders accepted by Indigo Octopus are subject to and in accordance with these conditions. If you do not agree to be bound by these terms and conditions you must not use or access this website.

Definitions

Website: this website which is www.indigooctopus.myshopify.com/

User, Users, You: means any user of this website collectively or individually

We, Us, Our: means Kent & Medway Trading Company Ltd (trading as Indigo Octopus)

Conditions: means these terms and conditions and any other conditions specifically stated elsewhere on this website

Product: means an item offered for sale on this website

Your information: means the details you provide when making a purchase or registering on this website

 
Use of this website

You may access this website and may place an order via the electronic forms on the website in accordance with these conditions.

Any information you provide when placing an order or registering on the website you warrant to be true, accurate and complete. You must update any changes to this information by amending your submitted details in the My Account section of the website or by contacting Us at enquiries@indigooctopus.co.uk.

You agree fully to indemnify, defend and hold Us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your registered information.

We reserve the right to withdraw, change, alter and modify the website at any time and without notice, and state that We will not be liable to You or any other third party for the modification or withdrawal of the website. We reserve the right to change and alter the terms and conditions at any time and Your use of the website following such a change is deemed to be Your acceptance of the changes. It is Your responsibility to check for changes each time You use the website and if You do not agree to the updated conditions stop using the website.

In order to provide convenience to Our users, We may provide links to other websites or resources from time to time. Any such link to other websites or resources is not an endorsement by Us of that website or resource and You acknowledge and agree that We are not responsible for the availability of any content, advertising, products services or policies on such websites or resources.

Privacy
Our Privacy Policy, sets out how the Kent & Medway Trading Company Ltd. (trading as Indigo Octopus) uses and protects any information that You give Us when You use this website.

Indigo Octopus is committed to ensuring Your privacy is protected. Should We ask You to provide certain information by which You can be identified when using this website, then You can be assured that it will only be used in accordance with this privacy policy. Indigo Octopus may change this policy from time to time by updating the privacy policy page. You should check the Privacy Policy frequently to ensure that You are happy with any change.

Placing an order
When You place an order to purchase a product from the Indigo Octopus website We will send You an e-mail acknowledging receipt of Your order. This is not an order confirmation or order acceptance from Indigo Octopus. Your order represents an offer to Us to purchase a product and the acknowledgment confirms We have processed payment for the order, for which We thank You. Our acceptance of and the completion of the contract between You and Us will take place on the despatch to You of each product in your order. A despatch confirmation/completed invoice email will be sent to You at this point. Any products on the same order, which We have not confirmed in Our e-mail to have been dispatched, do not form part of that contract.

There are a number of reasons why We may not accept an order, including, but not exclusively:

  • The product You have ordered is not available from stock or from Our suppliers or distributors stock.
  • Our inability to obtain an authorisation for Your payment
  • A pricing or product description error being identified
  • Our identification of non-compliance by You with Our Terms and Conditions

All goods and services are subject to availability. This does not affect Your Statutory Rights. If the goods You have ordered are not available We will contact You by email within 7 days and You will have the option to either wait until the goods are available from stock or cancel Your order in accordance with Our Cancellation & Returns Policy.

Description of products
We take reasonable care to ensure that the details, descriptions and prices of the products shown on this website are accurate at the time they are entered onto the website data system and reflect the supplier’s information provided to Us. Our supplier reserves the right to vary the price of the Product to take account of any increases in the cost of raw materials, manufacture, packing, transport, or wages or otherwise. This will impact on the wholesale prices at which We are able to source the products on this site, and ultimately the prices We charge Ourselves.  Furthermore, as manufacturer specifications and design are regularly updated, the information displayed may not reflect the item precisely at the time of order. Detail and pricing errors can also potentially occur owing to software malfunctions or human error. We therefore cannot confirm the price for a product until Your order is confirmed.

Distance Selling Regulations
You are entitled to cancel the contract for the supply of a product if You wish to do so under the Distance Selling Regulations, provided that You inform us in writing no longer than 14 working days after the day on which You receive the products.

If You exercise this right to cancel after Your order has been dispatched, We will refund the original purchase price and any delivery charge, provided that You have notified us in writing no longer than 14 working days after the day on which You received the product, and You have taken reasonable care of the product and not used it. You must return the product with its original packaging to Us if You cancel the contract under the Distance Selling Regulations. You may request that we arrange to collect the product from You. The direct cost of collecting the product may be charged to You at Our discretion. A link to the terms of cancellation under the Distance Selling Regulations is supplied to You in the Despatch Confirmation email.

Please note that Your right to return products does not apply to any item which is bespoke made to order, designed or adapted specifically for Your use, or items which are hygienically sealed and have been opened (for example mattresses, toilet seats etc). These items cannot be returned for a refund.


Promotions - Discount/Voucher/Promotion Codes

We reserve the right to cancel discount/voucher/promo codes at any time.

General

  • Intellectual property and use
    You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times owned by Us or Our respective suppliers. You are permitted to use this material only to view, copy, download, print out and use the content for Your own personal non-commercial use. Any other use of the material and content of the website is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

  • Law compliance
    You must use our website only for lawful purposes and in a lawful way. You agree to comply with all relevant laws and regulations applicable to Your use of the website and the transactions which take place on the website.

  • Limitation of liability
    We use all reasonable endeavours to ensure that the content of the website is accurate, but We make no warranties, express or implied in respect to the accuracy of the content. The website is provided to You on an "as is" and "as available" basis without any warranty being given in relation to the website including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any express or implied warranty arising from course of dealing or usage or trade.

    We make no warranty that the website will meet Your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs. We will not be responsible or liable to You for any loss of material uploaded or transmitted through the website.

    We will not be liable in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with the use of the website or supply of goods or, likewise, for any consequential or economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation or any special or indirect losses whatsoever. This does not exclude liability for breach of contract in the supply of goods where the limit of Our liability shall be the purchase price of the goods.

    To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect Your statutory rights as a consumer, or Your rights to cancel a contract as set out in these conditions.

    All and any advice or suggested benefits of products given on Our website is intended as general guidance only and is not a replacement for, or alternative to specialist professional advice and assistance.

    Nothing in these Terms & Conditions of Use shall exclude or limit liability for death or personal injury resulting from Our negligence or that of Our agents or employees. 

  • Severance and Waiver
    Any provision of these conditions which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these conditions and the remainder of such provision shall not be affected. Failure by Us to enforce or partially enforce any provision of these conditions will not be constrained as a waiver of any rights under these conditions.

  • Assignment
    We shall be entitled, without the consent of or notice to You, to assign the benefit, subject to the burden, of these conditions and/or any contract to any company in its group (as defined in section 53(1) of the Companies Act 1989) at any time.

  • Law
    The conditions will be governed and construed in accordance with English law. You submit to the sole jurisdiction of the English Courts in respect of any dispute.

 

Kent & Medway Trading Company Limited Registered Office:

Age UK Medway
The Admirals Offices
Main Gate Road
The Historic Dockyard
Chatham
Kent
ME4 4TZ

Company No. 05475360

A member of the Age UK Medway Group