Terms of Service new

OUR TERMS

  1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions on which we supply

products to you, whether these are goods or services.

1.2. Why you should read them. Please read these terms carefully before you submit

your order to us. These terms tell you who we are, how we will provide products to

you, how you and we may change or end the contract, what to do if there is a problem

and other important information. If you think that there is a mistake in these terms or

that they require any changes, please contact us to discuss.

  

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are O & M Trading LTD a company registered in England and

Wales. Our company registration number is 10954081 and our registered office is at

109 Coleman Road, Leicester, Leicestershire, England, LE5 4LE

and our address is at 127-129 Devonshire Street (The Forum), Sheffield S3 7SB. Our

registered VAT number is GB 221 818329.

2.2. How to contact us. You can contact us by telephoning our customer service team at

0114 281 6240 or by writing to us at customerservice@ukswegways.com and

127-129 Devonshire Street (The Forum), Sheffield S3 7SB.

2.3. How we may contact you. If we have to contact you we will do so by telephone or

by writing to you at the email address or postal address you provided to us in your

order.

2.4. "Writing" includes emails. When we use the words "writing" or "written" in these

terms, this includes emails.

 

  1. OUR CONTRACT WITH YOU

3.1. How we will confirm your order. Confirmation of your order will take place when

we email you a confirmation.

3.2. If we cannot accept your order. If we are unable to accept your order or deliver

your order within the time frame you request, we will inform you of this in writing by

email. This might be because the product is out of stock, because of unexpected limits

on our resources which we could not reasonably plan for, because we have identified

an error in the price or description of the product or because we are unable to meet a

delivery deadline you have specified. Where this happens, we will inform you at your

earliest and you will be given the option to either (i) change your order, or (ii) cancel

your order.

3.3. How we accept your order. If we are able to accept your order you will receive an

email confirming acceptance of the order and dispatch of the goods ordered, along

with relevant delivery information. Once we accept your order, a contract between us

comes into effect.

3.4. Your order number. We will assign an order number to your order and tell you what

it is when we accept your order. It will help us if you can tell us the order number

whenever you contact us about your order.

3.5. We only sell to the UK, EU / Europe and the USA: Our website is for the

promotion of our products in the UK and we endeavour to accept order from and

deliver orders to countries in the EU, Europe and the USA. If for any reason we are

unable to accept your order, we will let you know by email (see clause 3.2).

 

  1. OUR PRODUCTS

4.1. Products may vary slightly from their pictures. The images of the products on our

website are for illustrative purposes only. Although we have made every effort to

display the colours accurately, we cannot guarantee that a device's display of the

colours accurately reflects the colour of the products. Your product may vary slightly

from those images.

4.2. Product packaging may vary. The packaging of the product may vary from that

shown in images on our website.

  1. PROVIDING THE PRODUCTS

5.1. Delivery costs. The costs of delivery will be as displayed to you on our website as

part of the payment process.

5.2. When we will provide the products. During the order process, you can select the

delivery order option which provides a time frame for when the products will be

delivered to you. If we cannot deliver the order within the time frame you request, we

will let you know in accordance with clause 3.2 above. You will then have the option

to either (i) cancel your order, or (ii) agree to alternative delivery dates.

5.3. We are not responsible for delays outside our control. If our supply of the products

is delayed by an event outside our control then we will contact you as soon as

possible to let you know and we will take steps to minimise the effect of the delay.

Provided we do this we will not be liable for delays caused by the event, but if there

is a risk of substantial delay you may contact us to end the contract and receive a

refund for any products you have paid for but not received.

5.4. Collection by you. If you have asked to collect the products from our premises, you

can collect them from us at any time during our working hours of 9am to 5pm on

weekdays (excluding public holidays and weekends). 

5.5. If you are not at home when the product is delivered. If no one is available at your

address to take delivery and the products cannot be posted through your letterbox, we

or our delivery agent will leave you a note informing you of how to rearrange

delivery or collect the products from a local depot.

5.6. If you do not re-arrange delivery. If you do not collect the products from us / the

deliver agent as arranged or if, after a failed delivery to you, you do not re-arrange

delivery or collect them from a delivery depot we will contact you for further

instructions and may charge you for storage costs and any further delivery costs. If,

despite our reasonable efforts, we are unable to contact you or re-arrange delivery or

collection we may end the contract and clause 8.2 will apply.

5.7. When you become responsible for the goods. A product which is goods will be your

responsibility from the time we deliver the product to the address you gave us or you

collect it from us.

5.8. When you own goods. You own a product which is goods once we have received

payment in full.

5.9. What will happen if you do not give required information to us. We may need

certain information from you so that we can supply the products to you, for example,

your full name, address and contact information to get in touch with you or the person

nominated to take delivery of the goods. If so, this will have been stated in the

description of the products on our website. We will contact you in writing to ask for

this information or we will require you submit it when submitting your order for the

goods. If you do not give us this information within a reasonable time of us asking for

it, or if you give us incomplete or incorrect information, we may either end the

contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum

to compensate us for any extra work that is required as a result. We will not be

responsible for supplying the products late or not supplying any part of them if this is

caused by you not giving us the information we need within a reasonable time of us

asking for it.

5.10. Reasons we may suspend the supply of products to you. We may have to suspend

the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory

requirements;

(c) make changes to the product as by us to you.

5.11. Your rights if we suspend the supply of products. We will contact you in advance

to tell you we will be suspending supply of the product, unless the problem is urgent

or an emergency. You may contact us to end the contract for a product if we suspend

it, or tell you we are going to suspend it, in each case for a period of more than 30

days and we will refund any sums you have paid in advance for the product.

 

  1. YOUR RIGHTS TO END THE CONTRACT

6.1. You can always end your contract with us. Your rights when you end the contract

will depend on what you have bought, whether there is anything wrong with it, how

we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal

right to end the contract (or to get the product repaired or replaced or a

service re-performed or to get some or all of your money back), see clause 7;

(b) If you want to end the contract because of something we have done or

have told you we are going to do, see clause 6.2;

(c) If you have just changed your mind about the product, see clause 6.3.

You may be able to get a refund if you are within the cooling-off period, but

this may be subject to deductions and you will have to pay the costs of

return of any goods;

(d) In all other cases (if we are not at fault and there is no right to change

your mind).

6.2. Ending the contract because of something we have done or are going to do. If

you are ending a contract for a reason set out at (a) to (e) below the contract will end

immediately and we will refund you in full for any products which have not been

provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms

which you do not agree to;

(b) we have told you about an error in the price or description of the product

you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed

because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify

you we are going to suspend them for technical reasons, in each case for a

period of more than 30 days; or

(e) you have a legal right to end the contract because of something we have

done wrong.

6.3. Exercising your right to change your mind (Consumer Contracts Regulations

2013). For most products bought online you have a legal right to change your mind

within 14 days and receive a refund. These rights, under the Consumer Contracts

Regulations 2013, are explained in more detail in these terms.

6.4. Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee

offered by O & M Trading LTD of Unit 3 Cedar Court Unit 3 Cedar Court, Royal

Oak Yard, London, England, SE1 3GA to its UK customers, which is more generous

than your legal rights under the Consumer Contracts Regulations in the ways set out

below. This goodwill guarantee does not affect your legal rights in relation to faulty

or misdescribed products (see clause 9.2):

6.5. How long do I have to change my mind?

You have 30 days after the day you (or someone you nominate) receives the

goods, unless your goods are split into several deliveries over different days. In

this case you have until 30 days after the day you (or someone you nominate)

receives the last delivery to change your mind about the goods.

 

  1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

7.1. Tell us you want to end the contract. To end the contract with us, please let us know

by doing one of the following:

(a) Phone or email. Call customer services on 0114 272 8234 or email us at

customerservice@ukswegways.com. Please provide your name, home

address, details of the order and, where available, your phone number and

email address.

(b) By post. Please email us so we can send you a form to print off and post to

us at the address, 105 Meersbrook works, 19 Valley Road, Sheffield, S3

7QW, including details of what you bought, when you ordered or received it

and your name and address.

7.2. Returning products after ending the contract. If you end the contract for any

reason after products have been dispatched to you or you have received them, you

must return them to us. You must either return the goods in person to where you

Right under the Consumer

Contracts Regulations 2013

How our good will guarantee is more generous

14-day period to change your mind. 30-day period to change your mind.

Free repair/replacement if the item arrives faulty

No further guarantee for faults/repairs

that have developed after 6 months

12-month warranty from the date of

purchase for faults / repairs to the

motherboard of the product, (except

where faults are caused by crashes or

water damage).

An extended warranty period can be

purchased separately.

Customers pay for shipping charges

for any returns/repairs.

If the repair falls under the 12-month

warranty we refund any shipping costs you incur.

bought them, post them back to us at 127-129 Devonshire Street (The Forum),

Sheffield S3 7SB or (if they are not suitable for posting) allow us to collect them

from you. Please call customer services on 0114 272 8234 or email us at

customerservice@ukswegways.com for a return label or to arrange collection. If you

are exercising your right to change your mind you must send off the goods within 14

days of telling us you wish to end the contract.

7.3. When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming

change to the product or these terms, an error in pricing or description, a

delay in delivery due to events outside our control or because you have a

legal right to do so as a result of something we have done wrong; or

In all other circumstances (including where you are exercising your right to

change your mind) you must pay the costs of return.

7.4. What we charge for collection. If you are responsible for the costs of return and we

are collecting the product from you, we will charge you the direct cost to us of

collection.

7.5. How we will refund you. We will refund you the price you paid for the products

including the delivery costs by the method you used for payment. However, we may

make deductions from the price, as described below.

7.6. Deductions from refunds if you are exercising your right to change your mind. If

you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect

any reduction in the value of the goods, if this has been caused by your

handling them in a way which would not be permitted in a shop. If we

refund you the price paid before we are able to inspect the goods and later

discover you have handled them in an unacceptable way, you must pay us

an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the

least expensive delivery method we offer. For example, if we offer delivery

of a product within 5-7 days at one cost but you choose to have the product

delivered within 3 days at a higher cost, then we will only refund what you

would have paid for the cheaper delivery option.

7.7. When your refund will be made. We will make any refunds due to you as soon as

possible. If you are exercising your right to change your mind then:

(a) If the products are goods and we have not offered to collect them, your

refund will be made within 14 days from the day on which we receive the

product back from you or, if earlier, the day on which you provide us with

evidence that you have sent the product back to us. For information about

how to return a product to us, see clause 7.2.

(b) In all other cases, your refund will be made within 14 days of your telling us

you have changed your mind

  1. OUR RIGHTS TO END THE CONTRACT

8.1. We may end the contract if you break it. We may end the contract for a product at

any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make

payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with

information that is necessary for us to provide the products, for example,

your full name, address and contact information to get in touch with you or

the person nominated to take delivery of the goods; or

(c) you do not, within a reasonable time, allow us to deliver the products to you

or collect them from us.

8.2. You must compensate us if you break the contract. If we end the contract in the

situations set out in clause 8.1 we will refund any money you have paid in advance

for products we have not provided but we may deduct or charge you reasonable

compensation for the net costs we will incur as a result of your breaking the contract.

8.3. We may withdraw the product. We may write to you to let you know that we are

going to stop providing the product. We will let you know at least 30 days in advance

of our stopping the supply of the product and will refund any sums you have paid in

advance for products which will not be provided.

  1. IF THERE IS A PROBLEM WITH THE PRODUCT

9.1. How to tell us about problems. If you have any questions or complaints about the

product, please contact us. You can telephone our customer service team at 0114 272

8234 or write to us at customerservice@ukswegways.com or 127-129 Devonshire

Street (The Forum), Sheffield S3 7SB. Alternatively, please speak to one of our staff

in-store.

9.2. Summary of your legal rights. We are under a legal duty to supply products that are

in conformity with this contract. See the box below for a summary of your key legal

rights in relation to the product. Nothing in these terms will affect your legal rights.

9.3. Your obligation to return rejected products. If you wish to exercise your legal

rights to reject products you must either return them in person to where you bought

them, post them back to us or (if they are not suitable for posting) allow us to collect

them from you. We will pay the costs of postage or collection. Please call customer

services on 0114 281 6240 or email us at customerservice@ukswegways.com for a

return label or to arrange collection.

  1. PRICE AND PAYMENT

10.1. Where to find the price for the product. The price of the product (which includes

VAT) will be the price indicated on the order pages when you placed your order. We

take all reasonable care to ensure that the price of the product advised to you is

correct. However please see clause 10.3 for what happens if we discover an error in

the price of the product you order.

10.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between

your order date and the date we supply the product, we will adjust the rate of VAT

that you pay, unless you have already paid for the product in full before the change in

the rate of VAT takes effect.

10.3. What happens if we got the price wrong. It is always possible that, despite our best

efforts, some of the products we sell may be incorrectly priced. We will normally

check prices before accepting your order so that, where the product's correct price at

your order date is less than our stated price at your order date, we will charge the

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For

detailed information please visit the Citizens Advice website www.adviceguide.org.uk or

call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described,

fit for purpose and of satisfactory quality. During the expected lifespan of your product

your legal rights entitle you to the following:

  • up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
  • up to six years: if your goods do not last a reasonable length of time you may be

entitled to some money back.

See also clause 6.3.

See also Exercising your right to change your mind (Consumer Contracts Regulations

2013).

 

lower amount. If the product's correct price at your order date is higher than the price

stated to you, we will contact you for your instructions before we accept your order.

10.4. When you must pay and how you must pay. We accept payment with American

Express, JCB, Maestro, MasterCard, Visa and Diners Club. You must pay for the

products before we dispatch them. We will not charge your credit or debit card until

we dispatch the products to you.

10.5. What to do if you think an invoice is wrong. If you think an invoice is wrong

please contact us promptly to let us know. You will not have to pay any interest until

the dispute is resolved. Once the dispute is resolved we will charge you interest on

correctly invoiced sums from the original due date.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1. We are responsible to you for foreseeable loss and damage caused by us. If we

fail to comply with these terms, we are responsible for loss or damage you suffer that

is a foreseeable result of our breaking this contract or our failing to use reasonable

care and skill, but we are not responsible for any loss or damage that is not

foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or

if, at the time the contract was made, both we and you knew it might happen, for

example, if you discussed it with us during the sales process.

11.2. We do not exclude or limit in any way our liability to you where it would be

unlawful to do so. This includes liability for death or personal injury caused by our

negligence or the negligence of our employees, agents or subcontractors; for fraud or

fraudulent misrepresentation; for breach of your legal rights in relation to the

products as summarised at clause 9.2 and for defective products under the Consumer

Protection Act 1987

11.3. We are not liable for business losses. We only supply the products for domestic and

private use. If you use the products for any commercial, business or re-sale purpose

we will have no liability to you for any loss of profit, loss of business, business

interruption, or loss of business opportunity.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

12.1. How we will use your personal information. We will use the personal information

you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to give you information about

similar products that we provide, but you may stop receiving this at any

time by contacting us.

12.2. We will only give your personal information to third parties where the law either

requires or allows us to do so.

  1. OTHER IMPORTANT TERMS

13.1. We may transfer this agreement to someone else. We may transfer our rights and

obligations under these terms to another organisation.

13.2. You need our consent to transfer your rights to someone else (except that you

can always transfer our guarantee). You may only transfer your rights or your

obligations under these terms to another person if we agree to this in writing.

However, you may transfer our guarantee at clause 6.4 to a person who has acquired

the product. We may require the person to whom the guarantee is transferred to

provide reasonable evidence that they are now the owner of the relevant item or

property.

13.3. Nobody else has any rights under this contract (except someone you pass your

guarantee on to). This contract is between you and us. No other person shall have

any rights to enforce any of its terms, except as explained in clause 13.2 in respect of

our guarantee. Neither of us will need to get the agreement of any other person in

order to end the contract or make any changes to these terms.

13.4. If a court finds part of this contract illegal, the rest will continue in force. Each of

the paragraphs of these terms operates separately. If any court or relevant authority

decides that any of them are unlawful, the remaining paragraphs will remain in full

force and effect.

13.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do

not insist immediately that you do anything you are required to do under these terms,

or if we delay in taking steps against you in respect of your breaking this contract,

that will not mean that you do not have to do those things and it will not prevent us

taking steps against you at a later date. For example, if you miss a payment and we do

not chase you but we continue to provide the products, we can still require you to

make the payment at a later date.

13.6. Which laws apply to this contract and where you may bring legal proceedings.

These terms are governed by English law and you can bring legal proceedings in

respect of the products in the English courts. If you live in Scotland you can bring

legal proceedings in respect of the products in either the Scottish or the English

courts. If you live in Northern Ireland you can bring legal proceedings in respect of

the products in either the Northern Irish or the English courts.