1. Background
1.1 These general terms and conditions (the “General Conditions”) govern the sale of products by Olive & Hicks to you as a consumer (the “Customer”) through the website www.oliveandhicks.co.uk and its associated pages (the “Website”). The agreement is made between you and Olive & Hicks. Detailed contact information and other pertinent details about Olive & Hicks can be found on the Website. These General Conditions are specifically applicable to consumers.
1.2 To place an order through the Website, the Customer must be a minimum of 18 years old. In accordance with Scottish law, Olive & Hicks does not accept credit purchases from individuals below the age of 18. Olive & Hicks reserves the right to refuse or amend a Customer’s order (e.g., if the Customer has provided incorrect personal data and/or has any history of non-payment of debts).
1.3 Olive & Hicks bears no responsibility in cases where products are out of stock or for any image or typographical errors on the Website. This includes errors in product descriptions or technical specifications, inaccurate prices, price adjustments, or incorrect information regarding product availability. Olive & Hicks reserves the right to rectify such errors and to modify or update information at any time. In the event of an inaccurate price listed for a product ordered by the Customer, Olive & Hicks will inform the Customer and await the Customer’s approval of the amended price before proceeding with the order. All images on the Website are for illustrative purposes only and may not precisely replicate the appearance of the product. Olive & Hicks is not liable for any information provided by third parties on the Website.
1.4 The Website and all its content are owned by Olive & Hicks or its licensors and are protected by intellectual property and marketing legislation. This includes trademarks, company names, product names, images, graphics, designs, layouts, and information about products, services, and other content, which may not be copied or used without prior written consent from Olive & Hicks.
2. Contracts and Orders
2.1 By placing an order through the Website, the Customer agrees to abide by the General Conditions. By accepting the General Conditions, the Customer confirms their compliance with these terms and acknowledges having read the information on personal data and cookies, consenting to their use according to Olive & Hicks’ Privacy Policy.
2.2 A purchase contract is established when Olive & Hicks confirms the Customer's order, and the Customer receives an order confirmation via email. Olive & Hicks advises Customers to retain their order confirmation email for future reference in dealings with Olive & Hicks customer service. Customers can cancel their orders before confirmation by Olive & Hicks. If an order is canceled, Olive & Hicks will refund any payments made by the Customer or their payment or credit card company regarding the order.
3. Customer Information, Etc.
3.1 When registering a user account and/or placing an order, the Customer must provide certain personal data. The Customer confirms the accuracy and completeness of the provided information and is responsible for any errors. Information about the processing of personal data is detailed in Olive & Hicks' Privacy Policy.
3.2 The Customer agrees not to disclose their login details to any unauthorized individuals and to notify Olive & Hicks promptly if unauthorized access is suspected. The Customer is responsible for all purchases made with their login details if such notification is not provided.
3.3 If Olive & Hicks suspects misuse of a user account or login details or any violation of the General Conditions, Olive & Hicks reserves the right to block access to the user account and assign new login details to the Customer.
4. Specific Terms for AI-Generated Art
4.1 Service Description: The content available on the Olive & Hicks platform is created through artificial intelligence mechanisms. Each item, though distinctive, is generated solely by AI systems, devoid of human involvement or traditional artistic methods.
4.2 Uniqueness of Content: While our technology aims for uniqueness in its creations, given the vast volume of artworks worldwide and the recurring nature of our algorithms, we cannot guarantee the absence of resemblances to pre-existing art.
4.3 Rights to Use: All intellectual property rights in software and content available through the Website remain the property of Olive & Hicks or its licensors and are protected by copyright laws and treaties. Acquiring AI-crafted artwork from Olive & Hicks grants rights for personal use only. For commercial use or distribution, direct authorization from Olive & Hicks is required.
4.4 Artistic Interpretation: The output from our AI is derived from data-centric methodologies and does not incorporate human sentiments, purposes, or conscious artistic sensibilities. The appreciation of such art remains a subjective and individual experience.
4.5 Liability Exclusion: Olive & Hicks assumes no responsibility for any misconceptions or disputes arising from the likeness, interpretation, or perception of AI-generated content. All transactions are final, with reimbursements considered solely at Olive & Hicks' discretion.
4.6 Risk Acknowledgment: Engagement with or use of AI-created content from Olive & Hicks is solely the responsibility of the buyer. Olive & Hicks is not liable for any claims, damages, or losses arising from the artwork's application or non-functionality.
4.7 Content Review: By using our AI tool to generate images, you agree that we reserve the right to review and not deliver any user-generated content that, at our sole discretion, we deem offensive or inappropriate.
4.8 Alterations & Notifications: Olive & Hicks reserves the right to revise or alter these terms without prior notice. Users are advised to periodically review these terms for updates.
5. Prices, Fees, and Payment
5.1 The prices listed on the Website apply to orders placed there. All prices are presented in Great British Pounds. Payment and shipping fees are provided separately.
5.2 Payment can be made via methods specified on the Website. Olive & Hicks may charge the Customer upon order confirmation, unless invoicing or another approved payment method has been selected.
**6. Special Offers**
Olive & Hicks may offer special promotions on the Website with conditions more favorable than those in these General Conditions, such as extended right of withdrawal or payment terms. Such conditions apply only for the specified duration and products indicated by Olive & Hicks. Olive & Hicks reserves the right to withdraw these special offers at any time, with the General Conditions applying thereafter. Offers on specific products are valid for a limited time and until products are sold out.
7. Gift Card
Gift cards sold by Olive & Hicks are valid for two (2) years from the date of issue and can be redeemed on the Website. After the expiry date, the card cannot be used or reactivated, nor can remaining value be reimbursed. Gift cards constitute legal tender at Olive & Hicks and must be stored securely. They cannot be exchanged for cash, and lost or stolen cards will not be replaced. Gift cards cannot be combined with discount codes.
8. Delivery and Shipping
8.1 Products in stock are typically delivered within the specified number of working days as indicated on the Website. Delivery will occur no later than 30 working days after order confirmation, unless otherwise agreed.
8.2 The expected delivery time is provided in the order confirmation and checkout process. If delivery is delayed for more than 30 working days, the Customer may cancel the purchase, provided the delay is not due to the Customer.
8.3 If a package requires pickup, the Customer must do so within the specified time. Failure to retrieve packages may result in a fee. Home delivery requires someone to accept the parcel.
9. Right of Withdrawal
9.1 Customers have a 90-day withdrawal period from the date of receiving the product. This right does not apply to personalized prints made to order. Returned products must be in the same condition as received.
9.2 To withdraw a purchase, the Customer must notify Olive & Hicks within the withdrawal period, providing necessary information.
9.3 Customers are responsible for return shipping costs and the condition of the product during return shipment.
9.4 Upon withdrawal, Olive & Hicks will refund the amount paid for the product, including shipping costs. Any additional shipping costs due to non-standard delivery will not be refunded. Olive & Hicks may deduct an amount for depreciation if the product's value has diminished due to excessive handling.
9.5 Refunds will be issued within 14 days of Olive & Hicks receiving notification of withdrawal, using the same payment method unless otherwise agreed.
10. Warranty and Complaints
10.1 Some products may be subject to warranties. Information on warranty periods and conditions is provided on the Website.
10.2 Customers wishing to file a complaint for a defective product must contact Olive & Hicks promptly. Complaints made within two months of discovering the defect are considered timely.
10.3 Olive & Hicks covers return freight for approved complaints.
10.4 Upon return and approval of a complaint, Olive & Hicks will refund the Customer in compliance with consumer protection legislation.
10.5 A one-year warranty applies to iPhone cases and tote bags sold on the site, covering manufacturing defects only.
11. Links
Olive & Hicks may provide links to other websites but is not responsible for the protection or confidentiality of information provided on those sites.
12. Force Majeure
Olive & Hicks is not liable for delays caused by circumstances beyond its control, such as labor disputes, extreme weather, acts of war, technical problems, or governmental orders. In such cases, both Olive & Hicks and the Customer may terminate the purchase if the situation lasts more than two months.
13. Changes to the General Conditions
Olive & Hicks reserves the right to change these General Conditions at any time. Changes become valid upon the Customer's acceptance (e.g., during a new purchase or website browsing) or 30 days after Olive & Hicks informs the Customer. Customers are advised to regularly review the Website for updates.
**14. Severability**
If any provision of these General Conditions is deemed invalid or unenforceable, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law.
15. Applicable Law and Dispute Resolution
15.1 Disputes shall primarily be settled through agreement with Olive & Hicks’ customer services.
15.2 If a dispute cannot be resolved through customer service, the Customer may submit complaints via the EU Commission’s dispute resolution platform. In the event of a dispute, Olive & Hicks will comply with decisions from relevant dispute resolution authorities.
15.3 Disputes concerning the interpretation or application of these General Terms shall be settled by the courts.
These terms and conditions constitute the agreement between Olive & Hicks and the Customer regarding the sale of products on the Website under Scottish law.