ELIGIBILITY TO PURCHASE
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. Okapi offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. In this instance, you may choose to register your email address for notification of arrival of the selected merchandise not held in stock. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
Prices shown on the Site are in GBP and are inclusive of VAT. All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. If you are a customer whose credit/debit card is not denominated in Sterling (GBP), you may choose to see the price of a product in USD or Euros. Where the price of a product is converted and displayed in an alternative currency to GBP, such conversion price is indicative only. The price deducted by us from your credit/debit card will be the GBP price of the product displayed on the Site along with any additional delivery charges (if applicable). If you are a customer whose credit/debit card is not denominated in Sterling (GBP), the final price will be calculated in accordance with the applicable exchange rate applied by your card issuer to process the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Okapi will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, Visa Debit, Visa Delta, and Electron cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Okapi. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Okapi, we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Cardsave (a member of the WorldPay Group) a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Okapi user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple, and secure, Okapi uses Secure Socket Layer (SSL) technology. Furthermore, we take 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 held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
COMPETITION T&C'S/PROMOTION CODES
By entering the prize draw (the “Prize Draw”) you agree to these terms and conditions.
To enter you must complete the task on Instagram. The Prize Draw opens on 1st June 2015 and closes 30th June 2015.
To enter you must ‘love’ an image of an Okapi bag on The NET SET app and post an image of the bag from The NET SET on Instagram using @okapibags and #myokapi. All entries on Instagram must feature an image of the Okapi bag they ‘love’ from The NET SET.
The winner will be selected at random and announced on July 1st. The winner will be notified by Instagram by 5th July 2015. The draw will be final and no correspondence will be entered into. There will only be 1 winner.
The winner will win the following prize (“the Prize”);
• one Okapi Oya bag
The winner will receive the Prize within one month of the winner claiming the Prize.
If the Prize is not claimed within 3 days of the winner being notified, Okapi reserves the right to award the Prize to an alternative winner.
Prize is non transferable, non refundable and non negotiable. There is no cash alternative. Okapi reserves the right to substitute the Prize for one of its choosing which has a value the same or greater than the original prize in the event of circumstances outside of its control.
By entering the Prize Draw the winner agrees to participate in such promotional activity and material as Okapi may require.
Winner’s details will be available for 1 month after the draw by sending a SAE to Okapi Prize Draw, Okapi Marketing at the address below.
Okapi reserves the right to
(i) cancel this Prize Draw,(ii) cancel or refuse any individual’s entry and (iii) amend these terms and conditions (and will use reasonable endeavors to notify changes to entrants and potential entrants).
Okapi Africa, Unit 109 Westbourne Studios 242 Acklam Road, W10 5JJ, London.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
INSURANCE AND DELIVERY
Okapi is responsible for insuring each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Okapi, and transfer of responsibility in the same way.
Delivery will be completed when we deliver the goods to the address that you provide us. Please note that we aim to dispatch all orders within  hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. During periods of high volume of orders (e.g. SALE or Christmas) delivery times may be longer. Okapi is not responsible for any delays caused by destination customs clearance processes. The goods will be your responsibility from completion of the delivery. You own the goods once we have received payment in full (including all applicable delivery charges).
For deliveries within the UK, IRELAND, FRANCE, GERMANY, FRANCE AND ITALY: Goods will be delivered to you free of charge.
For deliveries to international destinations other than UK, Ireland, France, Germany and Italy, Okapi may, by special arrangement, facilitate delivery of the goods to other international delivery destinations. However you will be charged for the delivery in accordance with the charges quoted to you by our customer service team [In addition, please note that there are restrictions on some goods for certain international delivery destinations]
If you order goods from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information prior to placing an order.
You must comply with all applicable laws and regulations of the International Delivery Destination. We will not be liable if you breach any such law.
TRACKING YOUR ORDER
You can check the current status of your shipment by following the instructions on your dispatch email. You will be directed to the DPD or Fedex Website where if you enter the tracking number of your shipment you will see its status. Please wait four hours from receipt of your dispatch email and using the tracking tool.
CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS
If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 14 working days from the day after you received you order. Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Okapi Africa Limited, Unit 109, Westbourne Studios, 242 Acklam Road, W10 5JJ, London email to: email@example.com. For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost within 14 days from the date of your cancellation. Cancelled orders should be returned to: Okapi Africa Limited, Unit 109, Westbourne Studios, 242 Acklam Road, W10 5JJ, London. All items must be returned unused and in their original condition. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 14 days of us receiving your cancellation notice. Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 working days from the day after you receive you order, by email or post. As a consumer you will always have legal rights in relation to the goods if they are are faulty and not as described. These legal rights are not affected by the returns policy (set out above) nor the TOS. Advice about your legal rights is available from your Citizen’s Advice Bureau or Trading Standards Office.
We hope you will be satisfied with any product purchased from Okapi, but as an alternative to using your rights under the DSRs, if you wish to return a product to us for any reason, you must, within 14 days from receiving your order, send an email to firstname.lastname@example.org providing us with your original order details, together with the details of the item you wish to return and the reasons for returning it. Our customer services team will then make contact with you and will issue you with a returns reference number and instructions of how to proceed. All returns are to be sent to Okapi Africa Limited, Unit 109, Westbourne Studios, 242 Acklam Road, W10 5JJ, London
We recommend that all returns are sent by recorded and insured delivery as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Please write the returns reference number clearly on the outside of the package. No return is accepted without a reference number and unidentified returns may be returned to the sender.
Products returned must be in a saleable condition and in their original undamaged packaging and with all Okapi tags, dust covers and other packaging purchase items included. We will refund the price of the product to the purchaser, but we will consider the overall condition of the product being returned when making a refund. Items should be returned unused, and returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
We will make no refunds to a third party.
If your order has been sent to a destination within the EU, all VAT will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through Okapi. However, you may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside the EU will be submitted to the same customs procedures, therefore applicable for duty and tax again.
You will be notified by email once your return has been received and processed, please allow 10 working days.
Goods are faulty if they are received damaged or where there is a manufacturing fault. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund i.e the purchase price and delivery charges
We have made every effort to display as accurately as possible the colours of our products that appear on Okapi. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Okapi Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Okapi and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Okapi tries to ensure that the information on this site is accurate and complete. Okapi does not promise that Okapi's Content is accurate or error-free. Okapi does not promise that the functional aspects of the Site or Okapi's Content will be error free or that this Site, Okapi Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than Okapi, including advertisers. Okapi has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include:
That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
Certain remedies if a product is defective; and
A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);and
(e) defective products under the Consumer Protection Act 1987.
Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above). If Okapi breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Okapi at the time of you placing your order, and Okapi dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
EVENTS OUTSIDE OUR CONTROL
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us Okapi harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Okapi as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Okapi, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
Please contact our Customer Services team at email@example.com if you have any queries about the TOS or your purchase of goods.
The TOS together with all our policies and procedures will be governed by English law. This means a contract for the purchase of goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England & Wales will have non-exclusive jurisdiction.