Terms of sale

BACKGROUND:
These Terms of Sale, together with any and all other documents referred to herein,
set out the terms under which Goods are sold by Us to consumers through this
website, www.omniprotect.co.uk (“Our Site”). Please read these Terms of Sale
carefully and ensure that you understand them before ordering any Goods from Our
Site. You will be required to read and accept these Terms of Sale when ordering
Goods. If you do not agree to comply with and be bound by these Terms of Sale, you
will not be able to order Goods through Our Site. These Terms of Sale, as well as
any and all Contracts are in the English language only.

  1. Definitions and Interpretation
    1.1 In these Terms of Sale, unless the context otherwise requires, the following
    expressions have the following meanings:
    “Contract” means a contract for the purchase and sale of Goods,
    as explained in Clause 8;
    “Goods” means the goods sold by Us through Our Site;
    “Order” means your order for Goods;
    “Order Confirmation” means our acceptance and confirmation of your Order;
    “Order Number” means the reference number for your Order; and
    “We/Us/Our” means OmniProtect Limited [, a company registered in
    England under under company number 12661499,
    whose registered address is C/O Jerroms LLP, Blythe
    Valley Park, Blythe Gate, Solihull, B90 8AH.
  2. Information About Us
    2.1 Our Site, www.omniprotect.co.uk, is owned and operated by OmniProtect, a
    limited company registered in England under under company number
    12661499, whose registered address is is C/O Jerroms LLP, Blythe Valley
    Park, Blythe Gate, Solihull, B90 8AH.
  3. Access to and Use of Our Site
    3.1 Access to Our Site is free of charge.
    3.2 It is your responsibility to make any and all arrangements necessary in order
    to access Our Site.
    3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may
    alter, suspend or discontinue Our Site (or any part of it) at any time and
    without notice. We will not be liable to you in any way if Our Site (or any part
    of it) is unavailable at any time and for any period.
    3.4 Use of Our Site is subject to our Website Terms of Use. Please ensure that
    you have read them carefully and that you understand them.
  4. Age Restrictions
    4.1 Consumers may only purchase Goods through Our Site if they are at least 18
    years of age.
  5. Business Customers
    These Terms of Sale do not apply to customers purchasing large volumes of Goods
    in the course of business. If you are a large-volume business customer, you will be
    issued with Business Terms of Sale.
  6. Goods, Pricing and Availability
    6.1 We make all reasonable efforts to ensure that all descriptions and graphical
    representations of Goods available from Us correspond to the actual Goods.
    Please note, however, the following:
    6.1.1 Images of Goods are for illustrative purposes only. There may be
    slight variations in colour between the image of a product and the
    actual product sold due to differences in computer displays and lighting
    conditions;
    6.1.2 Images and/or descriptions of packaging are for illustrative purposes
    only, the actual packaging of Goods may vary.
    6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for
    mistakes due to negligence on Our part and refers only to minor variations of
    the correct Goods, not to different Goods altogether. Please refer to Clause
    10 if you receive incorrect Goods (i.e. Goods that are not as described).
    6.3 Where appropriate, you may be required to select the required size of the
    Goods that you are purchasing.
    6.4 We cannot guarantee that Goods will always be available. Stock indications
    are not provided on Our Site.
    6.5 Minor changes may, from time to time, be made to certain Goods between
    your Order being placed and Us processing that Order and dispatching the
    Goods, for example, to reflect changes in relevant laws and regulatory
    requirements, or to address particular technical or security issues. Any such
    changes will not change any main characteristics of the Goods and will not
    normally affect your use of those Goods.
    6.6 We make all reasonable efforts to ensure that all prices shown on Our Site are
    correct at the time of going online. We reserve the right to change prices and
    to add, alter, or remove special offers from time to time and as necessary.
    Changes in price will not affect any order that you have already placed (please
    note sub-Clause 6.9 regarding VAT, however).
    6.7 All prices are checked by Us before We accept your Order. In the unlikely
    event that We have shown incorrect pricing information, We will contact you in
    writing to inform you of the mistake. If the correct price is lower than that
    shown when you made your Order, we will simply charge you the lower
    amount and continue processing your Order. If the correct price is higher, We
    will give you the option to purchase the Goods at the correct price or to cancel
    your Order (or the affected part of it). We will not proceed with processing
    your Order in this case until you respond. If We do not receive a response
    from you within 48 hours, We will treat your Order as cancelled and notify you
    of this in writing.
    6.8 In the event that the price of Goods you have ordered changes between your
    Order being placed and Us processing that Order and taking payment, you will
    be charged the price shown on Our Site at the time of placing your Order.
    6.9 All prices on Our Site include VAT. If the VAT rate changes between your
    Order being placed and Us taking payment, the amount of VAT payable will be
    automatically adjusted when taking payment.
    6.10 Delivery charges are not included in the price of Goods displayed on Our Site.
    For more information on delivery charges, please refer to checkout. Delivery
    options and related charges will be presented to you as part of the order
    process.
  7. Orders – How Contracts Are Formed
    7.1 Our Site will guide you through the ordering process. Before submitting your
    Order you will be given the opportunity to review your Order and amend it.
    Please ensure that you have checked your Order carefully before submitting it.
    7.2 If, during the order process, you provide Us with incorrect or incomplete
    information, please contact Us as soon as possible. If We are unable to
    process your Order due to incorrect or incomplete information, We will contact
    you to ask to correct it. If you do not give Us the accurate or complete
    information within a reasonable time of Our request, We will cancel your Order
    and treat the Contract as being at an end. If We incur any costs as a result of
    your incorrect or incomplete information, We may pass those costs on to you.
    7.3 No part of Our Site constitutes a contractual offer capable of acceptance.
    Your Order constitutes a contractual offer that We may, at Our sole discretion,
    accept. Our acceptance is indicated by Us sending you an Order Confirmation
    by email. Only once We have sent you an Order Confirmation will there be a
    legally binding Contract between Us and you.
    7.4 Order Confirmations shall contain the following information:
    7.4.1 Your Order Number;
    7.4.2 Confirmation of the Goods ordered including full details of the main
    characteristics of those Goods;
    7.4.3 Fully itemised pricing for the Goods ordered including, where
    appropriate, taxes, delivery and other additional charges.
    7.5 In the unlikely event that We do not accept or cannot fulfil your Order for any
    reason, We will explain why in writing. No payment will be taken under normal
    circumstances. If We have taken payment any such sums will be refunded to
    you as soon as possible and in any event within 14 days.
    7.6 Any refunds due under this Clause 7 will be made using the same payment
    method that you used when ordering the Goods.
  8. Payment
    8.1 Payment for Goods and related delivery charges must always be made in
    advance and you will be prompted to pay during the order process. Your
    chosen payment method will not be charged until We dispatch your Goods.
    8.2 We accept the following methods of payment on Our Site:
    8.2.1 Debit Card
    8.2.2 Credit Card
  9. Delivery, Risk and Ownership
    9.1 All Goods purchased through Our Site will normally be delivered within 30
    calendar days after the date of Our Order Confirmation unless otherwise
    agreed or specified during the Order process (subject to delays caused by
    events outside of Our control, for which see Clause 13).
    9.2 If for any reason we are unable to deliver the Goods to your chosen delivery
    address, we will leave a note informing you that the Goods have been
    returned to our premises with instructions for arranging re-delivery. If you do
    not collect the Goods or arrange for re-delivery, we will contact you to ask for
    further instructions. We may charge you for storage costs and for re-delivery.
    If we cannot contact you despite our reasonable efforts, or we cannot arrange
    re-delivery or collection, we may end the Contract and issue you with a refund
    but may deduct a reasonable sum in compensation for any net costs incurred
    by us as a result.
    9.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days
    of Our Order Confirmation (or as otherwise agreed or specified as under subClause 9.1), if any of the following apply you may treat the Contract as being
    at an end immediately:
    9.3.1 We have refused to deliver your Goods; or
    9.3.2 In light of all relevant circumstances, delivery within that time period
    was essential; or
    9.3.3 You told Us when ordering the Goods that delivery within that time
    period was essential.
    9.4 If you do not wish to cancel under sub-Clause 9.3 or if none of the specified
    circumstances apply, you may specify a new (reasonable) delivery date. If We
    fail to meet the new deadline, you may then treat the Contract as being at an
    end.
    9.5 You may cancel all or part of your Order under sub-Clauses 9.3 or 9.4
    provided that separating the Goods in your Order would not significantly
    reduce their value. Any sums that you have already paid for cancelled Goods
    and their delivery will be refunded to you within 14 days. Please note that if
    any cancelled Goods are delivered to you, you must return them to Us or
    arrange with Us for their collection. In either case, We will bear the cost of
    returning the cancelled Goods.
    9.6 Delivery shall be deemed complete and the responsibility for the Goods will
    pass to you once We have delivered the Goods to the you have provided.
    9.7 Ownership of the Goods passes to you once we have received payment in full
    of all sums due (including any applicable delivery charges).
    9.8 Any refunds due under this Clause 9 will be made using the same payment
    method that you used when ordering the Goods.
  10. Faulty, Damaged or Incorrect Goods
    10.1 By law, We must provide goods that are of satisfactory quality, fit for purpose,
    as described at the time of purchase, in accordance with any pre-contract
    information We have provided, and that match any samples or models that
    you have seen or examined (unless We have made you aware of any
    differences). If any digital content is included in the Goods, that digital content
    must also conform. If any Goods you have purchased do not comply and, for
    example, have faults or are damaged when you receive them, or if you receive
    incorrect (or incorrectly priced) Goods, please contact Us at
    info@omniprotect.co.uk as soon as reasonably possible to inform Us of the
    fault, damage or error, and to arrange for a refund, repair or replacement.
    Your available remedies will be as follows:
    10.1.1 Beginning on the day that you receive the Goods (and ownership of
    them) you have a 30 calendar day right to reject the Goods and to
    receive a full refund if they do not conform as stated above.
    10.1.2 If you do not wish to reject the Goods, or if the 30 calendar day
    rejection period has expired, you may request a repair of the Goods or
    a replacement. We will bear any associated costs and will carry out
    the repair or replacement within a reasonable time and without
    significant inconvenience to you. In certain circumstances, where a
    repair or replacement is impossible or otherwise disproportionate, We
    may instead offer you the alternative (i.e. a replacement instead of a
    repair or vice versa) or a full refund. If you request a repair or
    replacement during the 30 calendar day rejection period, that period
    will be suspended while We carry out the repair or replacement and will
    resume on the day that you receive the replacement or repaired
    Goods. If less than 7 calendar days remain out of the original period, it
    will be extended to 7 calendar days.
    10.1.3 If, after a repair or replacement, the Goods still do not conform (or if
    We cannot repair or replace them, as described above, or have failed
    to act within a reasonable time or without significant inconvenience to
    you), you may ask Us to attempt the repair or replacement again (you
    do not have to give Us multiple opportunities to do so if you do not
    want to), or you have the right either to keep the Goods at a reduced
    price, or to reject them in exchange for a refund.
    10.2 Please note that you will not be eligible to claim under this Clause 10 if We
    informed you of the fault(s), damage or other problems with the Goods before
    you purchased them (and it is because of the same issue that you now wish to
    return them); if you have purchased the Goods for an unsuitable purpose that
    is neither obvious nor made known to Us and the problem has resulted from
    your use of the Goods for that purpose; or if the problem is the result of normal
    wear and tear, misuse or intentional or careless damage. Please also note
    that you may not return Goods to Us under this Clause 10 merely because
    you have changed your mind. If you are a consumer, you have a legal right to
    a 14 calendar day cooling-off period within which you can return Goods for this
    reason. Please refer to Clause 12 for more details.
    10.3 To return Goods to Us for any reason under this Clause 10, please contact Us
    at info@omniprotect.co.uk to arrange for a collection and return. You will be
    fully responsible for the costs of returning Goods under this Clause 10.
    10.4 Refunds (whether full or partial, including reductions in price) under this
    Clause 10 will be issued within 14 calendar days of the day on which We
    agree that you are entitled to the refund.
    10.5 Any and all refunds issued under this Clause 10 will include all delivery costs
    paid by you when the Goods were originally purchased.
    10.6 Refunds under this Clause 10 will be made using the same payment method
    that you used when ordering the Goods.
    10.7 For further information on your rights as a consumer, please contact your local
    Citizens’ Advice Bureau or Trading Standards Office.
  11. Cancelling and Returning Goods if You Change Your Mind
    11.1 If you are a consumer, you have a legal right to a “cooling-off” period within
    which you can cancel the Contract for any reason. This period begins once
    your Order is complete and We have sent you your Order Confirmation, i.e.
    when the Contract between you and Us is formed. You may also cancel for
    any reason before We send the Order Confirmation.
    11.1.1 If the Goods are being delivered to you in a single instalment (whether
    single or multiple items), the legal cooling-off period ends 14 calendar
    days after the day on which you (or someone you nominate) receive(s)
    the Goods.
    11.1.2 If the Goods are being delivered in separate instalments on separate
    days, the legal cooling-off period ends 14 calendar days after the day
    on which you (or someone you nominate) receive(s) the final
    instalment of Goods.
    11.2 If you wish to exercise your right to cancel under this Clause 11, you must
    inform Us of your decision within the cooling-off period. Cancellation by email
    is effective from the date on which you send Us your message. Please note
    that the cooling-off period lasts for whole calendar days. If, for example, you
    send Us an email or letter by 23:59:59 on the final day of the cooling-off
    period, your cancellation will be valid and accepted. If you would prefer to
    contact Us directly to cancel, please use the following details:
    11.2.1 Email: info@omniprotect.co.uk;
    In each case, providing Us with your name, address, email address,
    telephone number, and Order Number.
    11.3 Please note that Our Goods are sealed for health and hygiene reasons and if
    you have unsealed those Goods after receiving them. you may lose your legal
    right to cancel under this Clause 11. All Goods returned to us will be checked
    on arrival.
    11.4 Please ensure that you return Goods to Us no more than 14 calendar days
    after the day on which you have informed Us that you wish to cancel under
    this Clause 11.
    11.5 You may return Goods to Us by post or another suitable delivery service of
    your choice. Please note that you must bear the costs of returning Goods to
    Us if cancelling under this Clause 11.
    11.6 Refunds under this Clause 11 will be issued to you within 14 calendar days of
    the following:
    11.6.1 The day on which We receive the Goods back; or
    11.6.2 The day on which you inform Us (supplying evidence) that you have
    sent the Goods back (if this is earlier than the day under sub-Clause
    12.6.1); or
    11.6.3 If We have not yet provided an Order Confirmation or have not yet
    dispatched the Goods, the day on which you inform Us that you wish to
    cancel the Contract.
    11.7 Refunds under this Clause 11 may be subject to deductions in the following
    circumstances:
    11.7.1 Refunds may be reduced for any diminished value in the Goods
    resulting from your excessive handling of them (e.g. no more than
    would be permitted in a shop). Please note that if We issue a refund
    before We have received the Goods and have had a chance to inspect
    them, We may subsequently charge you an appropriate sum if We find
    that the Goods have been handled excessively.
    11.8 Refunds under this Clause 11 will be made using the same payment method
    that you used when ordering the Goods.
  12. Our Liability to Consumers
    12.1 We will be responsible for any foreseeable loss or damage that you may suffer
    as a result of Our breach of these Terms of Sale (or the Contract) or as a
    result of Our negligence. Loss or damage is foreseeable if it is an obvious
    consequence of Our breach or negligence or if it is contemplated by you and
    Us when the Contract is created. We will not be responsible for any loss or
    damage that is not foreseeable.
    12.2 We only supply goods for domestic and private use by consumers. We make
    no warranty or representation that the Goods are fit for commercial, business
    or industrial use of any kind (including resale). We will not be liable to you for
    any loss of profit, loss of business, interruption to business, or for any loss of
    business opportunity.
    12.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death
    or personal injury caused by Our negligence (including that of Our employees,
    agents or sub-contractors).
    12.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a
    consumer. For more details of your legal rights, please refer to your local
    Citizens Advice Bureau or Trading Standards Office.
  13. Events Outside of Our Control (Force Majeure)
    13.1 We will not be liable for any failure or delay in performing Our obligations
    where that failure or delay results from any cause that is beyond Our
    reasonable control.
    13.2 If any event described under this Clause 13 occurs that is likely to adversely
    affect Our performance of any of Our obligations under these Terms of Sale:
    13.2.1 We will inform you as soon as is reasonably possible;
    13.2.2 We will take all reasonable steps to minimise the delay;
    13.2.3 To the extent that we cannot minimise the delay, Our affected
    obligations under these Terms of Sale (and therefore the Contract) will
    be suspended and any time limits that We are bound by will be
    extended accordingly;
    13.2.4 We will inform you when the event outside of Our control is over and
    provide details of any new dates, times or availability of Goods as
    necessary;
    13.2.5 If the event outside of Our control continues for more than 30 days We
    will cancel the Contract and inform you of the cancellation. Any
    refunds due to you as a result of that cancellation will be paid to you as
    soon as is reasonably possible and in any event within 14 days of the
    date on which the Contract is cancelled;
    13.2.6 If an event outside of Our control occurs and you wish to cancel the
    Contract as a result, you may do so in any way you wish by contacting
    Us directly to cancel, using the following details;
    Email: info@omniprotect.co.uk;
    In each case, providing Us with your name, address, email address,
    telephone number, and Order Number. Any refunds due to you as a
    result of such cancellation will be paid to you as soon as is reasonably
    possible and in any event within 14 days of the date on which the
    Contract is cancelled.
  14. Communication and Contact Details
    14.1 If you wish to contact Us with general questions or complaints, you may
    contact Us by email at info@omniprotect.co.uk.
    14.2 For matters relating the Goods or your Order, please contact Us by email at
    info@omniprotect.co.uk.
    14.3 For matters relating to cancellations, please contact Us by email at
    info@omniprotect.co.uk, or refer to the relevant Clauses above.
  15. Complaints and Feedback
    15.1 We always welcome feedback from Our customers and, whilst We always use
    all reasonable endeavours to ensure that your experience as a customer of
    Ours is a positive one, We nevertheless want to hear from you if you have any
    cause for complaint.
    15.2 Should you wish to complain about any aspect of your dealings with Us,
    please contact Us by email at info@omniprotect.co.uk.
  16. How We Use Your Personal Information (Data Protection)
    16.1 All personal data that We may collect about you and use will be collected,
    held, and processed in accordance with UK data protection law (including, but
    not limited to, the GDPR (and any successor legislation which applies
    following the UK’s departure from the European Union), the Data Protection
    Act 2018, and the Privacy and Electronic Communications (EC Directive)
    Regulations 2003).
    16.2 For complete details of Our collection, processing, storage, and retention of
    personal data including, but not limited to, the purpose(s) for which personal
    data is used, the legal basis or bases for using it, details of your rights and
    how to exercise them, and personal data sharing (where applicable), please
    refer to Our Privacy Policy.
  17. Other Important Terms
    17.1 We may transfer (assign) Our obligations and rights under these Terms of
    Sale (and under the Contract, as applicable) to a third party (this may happen,
    for example, if We sell Our business). If this occurs, you will be informed by
    Us in writing. Your rights under these Terms of Sale will not be affected and
    Our obligations under these Terms of Sale will be transferred to the third party
    who will remain bound by them.
    17.2 You may not transfer (assign) any of your obligations and rights under these
    Terms of Sale (and under the Contract, as applicable).
    17.3 The Contract is between you and Us. It is not intended to benefit any other
    person or third party in any way and no such person or party will be entitled to
    enforce any provision of these Terms of Sale.
    17.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid
    or otherwise unenforceable by any court or other authority, that / those
    provision(s) shall be deemed severed from the remainder of these Terms of
    Sale. The remainder of these Terms of Sale shall be valid and enforceable.
    17.5 No failure or delay by Us in exercising any of Our rights under these Terms of
    Sale means that We have waived that right, and no waiver by Us of a breach
    of any provision of these Terms of Sale means that We will waive any
    subsequent breach of the same or any other provision.
    17.6 We may revise these Terms of Sale from time to time in response to changes
    in relevant laws and other regulatory requirements. If We change these
    Terms of Sale as they relate to your Order, We will give you reasonable
    advance notice of the changes and provide details of how to cancel if you are
    not happy with them. If you do opt to cancel, you must return any affected
    Goods you have already received and we will arrange for a full refund
    (including delivery charges) which will be paid within 14 days of your
    cancellation.
  18. Law and Jurisdiction
    18.1 These Terms and Conditions, and the relationship between you and Us
    (whether contractual or otherwise) shall be governed by, and construed in
    accordance with, the law of England & Wales.
    18.2 If you are a consumer, you will benefit from any mandatory provisions of the
    law in your country of residence. Nothing in Sub-Clause 18.1 above takes
    away or reduces your rights as a consumer to rely on those provisions.
    18.3 If you are a consumer, any dispute, controversy, proceedings or claim
    between you and Us relating to these Terms and Conditions, or the
    relationship between you and Us (whether contractual or otherwise) shall be
    subject to the jurisdiction of the courts of England and Wales.
    18.4 If you are a business, any disputes concerning these Terms and Conditions,
    the relationship between you and Us, or any matters arising therefrom or
    associated therewith (whether contractual or otherwise) shall be subject to the
    exclusive jurisdiction of the courts of England and Wales.