| 1. | Orders and Acceptance |
| 1.1 | You acknowledge and accept that any order ("Order") you place by using the Website will be fulfilled by Seller, and that any purchase contract ("Contract") resulting from your Order will be a Contract between you and Seller. You acknowledge that Seller is the owner of the receivable created by each Contract and accordingly your debit/credit card remittance will be made to Seller or an authorised billing agent of Seller, as directed by Seller. |
| 1.2 | Your Order is an offer to purchase from us. You are responsible for ensuring the accuracy of the terms of your Order. The supply of information about Products and Services including prices, specifications and other details on the Website is only an invitation to treat. The Seller may send you a confirmation of your Order by email but there will be no Contract of any kind between you and the Seller unless and until the Seller dispatches the Products to you or commences provision of the Services. Nothing that we do or say will amount to acceptance of your offer until we dispatch the Products to you or commence provision of the Services. |
| 1.3 | Seller reserves the right to refuse to accept any Order, at its sole discretion, and without giving any reason. Acceptance of an Order for Products by the Seller will always be subject to availability of Products. Seller shall accept Orders at the time the Products are dispatched or upon commencing provision of the services (and not before). Upon Seller’s acceptance of an Order, a binding Contract will be made between you and Seller and you will receive an email with full invoice details as the sole confirmation of the Contract. |
| 1.4 | These Terms may not be supplemented, altered or modified by the use of any other documents or oral communications unless agreed in writing by Seller. |
| 2. | Price and Payment |
| 2.1 | The prices of the Products and Services are stated on the Website, subject to section 2.2 below. Prices are subject to change without prior notice, however, price changes do not affect Contracts made after Seller’s acceptance of the Order. All prices include VAT, unless otherwise stated. Prices do not include shipping and handling charges which will be charged at the rates applicable at the date you place your Order, details of which are provided on the Website |
| 2.2 | PRICES SHOWN ON THE WEBSITE MAY NOT ALWAYS BE CORRECT DUE TO INPUT ERRORS, SOFTWARE AND SIMILAR FACTORS. IN SUCH CASES, SELLER SHALL NOT BE LIABLE TO SUPPLY THAT PRODUCT TO YOU AT THE STATED PRICE. Notwithstanding any acceptance by Seller of your Order, if there has been a material or obvious pricing error by Seller, Seller shall be entitled within 15 days of its acceptance of the Order to either invoice the Customer for the Product’s true list price (not exceeding the prevailing market price at retail level) at the date of the Order or, at your request, collect the Product at Seller's expense and credit the Customer for any charges (e.g. price and shipping) charged by Seller. |
| 2.3 | Payment of the price is due as indicated on the Website and shall only be made by credit or debit card from a card issuer acceptable to Seller. You must give authority for payment at the time of placing the Order. Payment by credit debit card shall be made simultaneously with the acceptance of the Order by Seller (i.e. you will not be charged until the Products are dispatched or the Services commence). If the card issuer refuses to approve the transaction or if Seller does not receive the funds from your credit card issuer then there is no acceptance of the Order by Seller or any valid sales Contract. |
| 2.4 | In the event of your withdrawal of your payment by credit card, before or after your receipt of the Products or Services, Seller may cancel the Contract and you agree to return to Seller any Product or Service delivered to you. |
| 2.5 | Ownership of the Products shall not pass to you until Seller has received, in cash or cleared funds, payment in full of the price of the Products together with any other charges under the Contract (e.g. delivery charges). In the case of software, transfer of ownership refers only to the media or material containing the software, excluding the software or programs (or any part of the software or programs). |
| 2.6 | All risk of loss or damage to the Products and all responsibilities due to existence or ownership of the Products, for whatever reason, are transferred to Customer upon arrival of the carrier at the Customer's delivery address or at the collection point advised by the carrier. |
| 3. | Delivery |
| 3.1 | Products and Services will be delivered to the Customer's address specified in the Order or made available for collection at the collection point advised by the carrier. Please note that we can only deliver Products within the United Kingdom subject to payment of the delivery charges applicable to each delivery destination. Seller will be responsible for insurance and risk of Products and Services up to the point of delivery. Seller shall be entitled to assume that any person who both reasonably appears and claims to have authority to accept delivery and who signs a note in respect of the Products on behalf of the Customer does in fact have such authority. |
| 3.2 | Time of delivery is an estimate only. Seller shall not be liable and shall not be obligated to compensate for any late delivery of Products or Services. In the event that the Products and Services have not been delivered within a reasonable time from the estimated delivery date, you may call the Call Centre. Please quote your Contract or Order number and such other details as may be available to assist the Call Centre agent to track the status of the delivery and to give a new estimated delivery date. Where the new estimated delivery date is more than one month from the initial delivery date the Customer shall have the right to cancel the Contract without other liability for the Seller than to refund the purchase price paid by the Customer. |
| 3.3 | Upon delivery to the Customer's address or collection point, the Customer (or such other person as accepts delivery) may be asked to sign to acknowledge receipt of the Products and/or Services. The Customer shall bear all costs associated with the unjustified refusal of delivery of Products. If refusal is made on the grounds that the Order was wrongly placed by the Customer (e.g. wrong Product ordered) and the refusal is accepted by Seller, Seller reserves its right to charge additional fees for return transportation and administrative expenses related thereto, and original carriage costs will not be reimbursed. In the event that Seller or its agents should seek to deliver Products and Services to the agreed address and delivery cannot be made due to your or your agent’s absence, the Seller reserves the right to charge you a repeat delivery charge. Such charge will depend on Seller's actual costs and the Product price but will not exceed £50 per repeated delivery and shall be payable by Customer upon receipt of Seller's invoice for the same. |
| 3.4 | Delivery charges are payable by Customer and are invoiced in addition to the selling price of Products, as indicated on the Website. |
| 3.5 | In case your Order indicates a delivery address outside the UK the Seller reserves the right to refuse to accept the Order |
| 4. | Delivery |
| 4.1 | Acceptance of Products and Services is deemed to take place on delivery to the shipping address set out in your Order or on collection at the collection point advised by the carrier. |
| 4.2 | Customer has the duty to notify the carrier (by reservations on the shipping documents) about any visible damages and under-shipments in respect of the delivered Products in order to preserve the right of recourse against Seller or its carrier. |
| 4.3 | In the event of any defects in the Product or Services detected after delivery the Customer may make a warranty claim in accordance with the warranty terms described in the documentation accompanying the Products or as otherwise communicated by Seller on the Website or otherwise. |
| 5. | Warranty Terms |
| 5.1 | IF YOU ARE A CONSUMER (AS DEFINED BY LAW) THE LIMITATIONS IN THIS SECTION 5 DO NOT LIMIT YOUR LEGAL RIGHTS AGAINST THE SELLER WITH RESPECT TO DEFECTIVE PRODUCTS OR SERVICES AS PRESCRIBED BY MANDATORY CONSUMER PROTECTION LEGISLATION. SEE FURTHER DETAILS ABOUT CONSUMER RIGHTS IN SECTION 9 BELOW. |
| 5.2 | The Products will be subject to the Manufacturer's warranty terms, where applicable. |
| 5.3 | Seller does not warrant any Products and shall not be liable for any defect or malfunction of any Product sold through the Website, except as otherwise prescribed by law. Seller and Manufacturers do not offer any warranties unless specified in the Contract, in documentation accompanying the Products or on the Website. Subject to section 5.3, Seller will only accept liability for defective Products under the warranty terms to the extent that Seller is entitled to make a claim under the Manufacturer's Dead on Arrival (DOA), warranty or other defective goods terms and actually obtains compensation in form of a refund, credit, repair or replacement. “DOA” means that the Product cannot be installed or does not work properly upon first installation or use. |
| 5.4 | Subject to sections 5.1, 7 and 9, this section 5 represents the sole and single contractual warranty offered by Seller, to the exclusion of any other warranty whether implied or not regarding the quality, performance and the purpose for which you have intended the Products to be used for. |
| 5.5 | The Products are subject to the intellectual property rights of the Manufacturers. Customer is not authorised to alter, cover or remove any reference to such intellectual property rights on the Products, and shall adhere to any guidelines and restrictions provided by the Manufacturers with respect to such rights. Seller shall have no duty to defend, indemnify or hold Customer harmless from and against any or all claims brought against Customer or damages and costs incurred by Customer arising from the infringement of a third party's intellectual property rights, except to the extent the Manufacturers has offered to Seller such defence or indemnification on a pass through basis. Upon threat of claim or claim of infringement, Seller may, at its option (i) procure the right to continue using any part of Product, (ii) replace the infringing Product with a non-infringing Product of similar performance, or (iii) refund to the Customer the purchase price paid by the Customer for the infringing Product. Subject always to section 7.3 but notwithstanding any other terms or conditions to the contrary, Seller’s liability for infringement of intellectual property rights under these Terms shall not exceed the Customer's purchase price for the infringing Products. |
| 6. | Warranty exclusions |
| 6.1 | All warranties, conditions or other terms implied by common law or statute or otherwise in connection with the sale or supply of Products or Services (save, in the case of Products, as to title) are excluded to the fullest extent permitted by law. |
| 6.2 | Customer shall have no rights or claims under any warranty following the non-usage or non-enjoyment of defective Products. Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's or the Manufacturer's user manuals or instructions (whether oral or in writing) misuse or alteration or repair of the Products without prior approval. |
| 6.3 | The warranty offered by Manufacturers or provided herein does not cover: (i) damage during installation, use, modifications or repairs done by your or non-authorised third parties; (ii) external causes; (iii) the use of the Product for particular or unforeseen purposes; (iv) third party products, software and integrated components following your request and specifications; such warranties (if any) are offered directly by the Manufacturer; or (v) any modification of the Products based upon a request from you and correctly executed by Seller or the Manufacturer. Any modification of the Product made without the Seller’s or Manufacturer’s approval may invalidate the warranty. |
| 7. | Limitation of Liability |
| 7.1 | Subject always to section 7.3 below, for any breach of these Terms, or of any Contract, the Seller's maximum liability shall not in any event exceed the total purchase price of the Products or Services payable under any individual Contract. |
| 7.2 | Subject always to section 7.3 below, in no event shall Seller be liable for any damages resulting from loss of data, loss of use, lost profits, loss of anticipated savings or any indirect or consequential damages whatsoever. |
| 7.3 | Nothing in this Agreement shall exclude or limit the Seller’s liability for fraud or for death or personal injury due to its own negligence or its employees’ or agents’ negligence whilst acting in the course of their employment or any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982. |
| 7.4 | The limitations and exclusions set out in sections 7.1 and 7.2 will apply regardless of the form of action whether under statute, in contract or tort, including negligence or any other form of action. |
| 8. | General |
| 8.1 | Customer agrees that Products and Services purchased from Seller are meant for the Customer's use and not for resale. |
| 8.2 | Customer may not assign or transfer its rights or obligations under any Contract to any third party without the Seller's prior written approval which shall not be unreasonably withheld. In the event of such assignment or transfer Customer remains responsible for paying the invoices and other contracted obligations. |
| 8.3 | Customer agrees that should any rights arise for the Customer in connection with the purchase of the Products or the provision of Services, Customer will in the first instance contact the Call Centre to address such rights or claims. |
| 8.4 | These Terms and any Contracts shall be subject to English law and the exclusive jurisdiction of the English Courts. |
| 8.5 | The Customer is made aware that Products are not specifically designed, manufactured or intended for sale or use as parts, components or assemblies for the planning, construction, maintenance, or direct operation of airplanes, nuclear facilities or other specific applications. You are solely liable if Products purchased from Seller are to be used for these applications. |
| 8.6 | If the Products will be used, shipped to, or exported outside the USA or the European Union or EFTA countries, you are advised that some Products are controlled for export by the U.S. Department of Commerce or by the EU/EFTA member state bodies and that Products may require authorization prior to export. You agree that you will not export, re-export, or otherwise dispose of Products, or direct products thereof, in violation of any export control laws or regulations of the USA or any EU/EFTA member state. You shall not export or re-export any Products with knowledge that they will be used in the design, development, production, or use of chemical, biological, nuclear, or ballistic weapons, or in a facility engaged in such activities, unless Customer has obtained prior approval from the U.S. Department of Commerce or any other competent government agency. You also agree that you will not export or re-export, directly or indirectly, any Products to embargoed countries or sell Products to companies or individuals listed on the Denied Persons List published by the U.S. Department of Commerce. Note that these restrictions change from time to time. If you have any questions regarding its obligations under USA export regulations the Customer should contact the Bureau of Export Administration, United States Department of Commerce, Office of Export Licensing, Washington DC, USA (202) 377 4811 or the local United States Consulate. |
| 9. | Consumer rights |
| THE FOLLOWING ADDITIONAL TERMS APPLY TO YOU IF YOU HAVE PURCHASED THE PRODUCTS AS A CONSUMER: |
| 9.1 | Any warranty or limitations thereto offered by Seller or the Manufacturer shall not affect your statutory rights. |
| 9.2 |
You have the right to cancel your Contract with the Seller within seven (7) working days of delivery of the Product. In the case of Services, you have the right to cancel within seven (7) working days after the Contract is made. You must notify the Seller of your decision to cancel as follows:
Mail:
Virgin Media
c/o Oakley Integrated Business Solutions Ltd
26 Saffron Court
Southfields Business Park
Laindon
Essex
SS15 6SS
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Phone:
0808 238 0051
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Email:
support@vmshophelp.com
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| 9.3 | If the Products have already been dispatched, you must return the Product to the Seller within this time period (with indication of the Order number) for replacement or refund without penalty and we will endeavour to credit your credit or debit card within 14 days of receipt of your returned product being processed by our returns department. However, you will be responsible for paying for the costs of returning the Product to us, unless the return is caused by an error on the part of the Seller. |
| 9.4 | If you do not return the Products within 7 working days of delivery, we may arrange for collection from your address at your cost. If you do not return the Products or do not make them available for collection within 30 days of cancellation, you will be deemed to have accepted the Products. This section does not affect your statutory rights. Only complete Products in undamaged condition and in their original packaging will be accepted for return or replacement. In the event a Product is returned in damaged or incomplete condition, the Seller reserves the right to subject the acceptance of the return to Customer paying a handling charge calculated as a percentage of the purchase price. |
| 9.5 | Following the expiration of the seven (7) days cooling off period set out in section 9.2, Product returns will only be accepted if the Product is non-conforming (as prescribed by law) or defective as determined in accordance with the Manufacturers’ warranty terms. |
| 9.6 | The Seller regrets that it cannot accept cancellation of Services after the Services have commenced with your agreement. |
| 9.7 | The right to return the Products as described herein do not apply to any video or audio recording media, memory products or software when the seal has been broken after delivery. |
| 10. | Protection of personal data |
| 10.1 | Certain information relating to yourself ("personal data") will be collected by Virgin Media, Seller and their subcontractors when you place an Order via the Website. Your personal data will be subject to Virgin Media’s Privacy Policy (see http://allyours.virginmedia.com/html/legal/oncable/privacypolicy.html) and to Seller’s privacy statement BELOW. In addition, if you place an Order, your personal data will be used for the purpose of Seller’s processing of the Order.
By agreeing to the Terms you consent to the collection and use of your personal data as described in this paragraph. |
| 11. | Privacy policy |
| 11.1 | Information Collection and Use
Oakley Integrated Business Solutions Ltd. collects information from our users at several different points on our website. Oakley Integrated Business Solutions Ltd. is the sole owner of the information collected on this site. We will not sell, share, or rent this information to other parties in ways other than those disclosed in this statement. |
| 11.2 | Registration
In order to use this website, a user must first complete the registration form. During registration a user is required to give contact information (such as name and email address). This information may be used to contact the user about the services on our site for which they have expressed interest or that are relevant to their use of the site. |
| 11.3 | Order
We request information from the user on our order form. Here a user must provide contact information (e.g. name and shipping address) and financial information (e.g. credit card number, expiration date). This information is used for billing purposes and to fulfil customer orders. If we have trouble processing an order, this contact information is used to get in touch with the user. |
| 11.4 | Cookies
Please read our full cookie statement...click here |
| 11.5 | Log Files
We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Sharing We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
We use an outside shipping company to ship orders and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services.
These parties are not authorised by us to use personally identifiable information except for the purpose of providing these services.
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| 11.6 | Links
Our web site contains links to other sites. Please be aware that we Oakley Integrated Business Solutions Ltd. are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by our Web site. |
| 11.7 | Newsletter
If a user wishes to subscribe to our newsletter or regular communication, we ask for contact information such as name, email address and product/category business interests. |
| 11.8 | Surveys & Contests
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user has a choice whether or not to disclose this information.
Information requested may include contact information (such as name and shipping address), and demographic information (such as post code). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. |
| 11.9 | Security
This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line.
When our registration / order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the encryption software SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just 'surfing'.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Any time new policies are added our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment, behind a locked cage.
If you have any questions about the security at our website, you can send an email to Info@o-net.co.uk |
| 11.10 | Supplementation of Information
In order for this website to properly fulfil its obligation to our customers, it is necessary for us to supplement the information we receive with information from 3rd party sources.
In order to improve our ability to tailor the site to an individual's preference, we combine information about the purchasing habits of users with similar information from our partners to create a personalized user profile. |
| 11.11 | Special Offers
We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt-out below. |
| 11.12 | Site and Service Updates
We also send users site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone. |
| 11.13 | Correction/Updating Personal Information
If a user's personally identifiable information changes (such as your post code), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done at the member information page or by emailing our E-Commerce Support Team. |
| 11.14 | Choice/Opt-out
Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site at the point where we ask for the information. For example, our order form has an 'opt-out' mechanism so users who buy a product from us, but don't want any marketing material, can keep their email address off of our lists.
Users who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by replying with "unsubscribe" in the subject line in the email or email us at info@o-net.co.uk.
Users of our site are always notified when their information is being collected by any outside party. We do this so our users can make an informed choice as to whether they should proceed with services that require an outside party, or not.
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| 11.15 | Notification of Changes
If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email or by post. Users will have a choice as to whether or not we use their information in this different manner. |
