Terms and Conditions
1. INTERPRETATION: In these terms and conditions (Terms), the following words and phases shall have the following meanings. "The Buyer" means the person, firm or company who purchases the Goods and Services from the Company. "The Company" means Opt4mobility Limited. "Contract" means the contract or agreement between the Company and the Buyer, which shall be deemed to incorporate all the Terms. "Goods" means any goods and services agreed in the Contract to be supplied by the Company to the Buyer. "Place of Delivery," means the place to which the Goods are to be delivered or collected. In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. THE CONTRACT: The Contract shall be these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or any other document of the Buyer will form part of the Contract.
3. DELIVERY: Orders will be delivered to the address shown on the order form by Royal Mail or a National Carrier depending on the size or weight. We aim to despatch within 7 to 10 days or sooner. If you have not received your goods within 28 days please contact us. Items may be sent separately, therefore you may not receive your entire order in one delivery
4. RISK IN AND OWNERSHIP OF THE GOODS: Risk in the Goods shall pass to the Buyer on delivery or collection of the Goods. Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account. Until ownership of the Goods has passed to the Buyer, the Buyer shall hold the Goods on a fiduciary basis as the Company's bailee; store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company's property; not destroy or deface any identifying mark on the Goods or their packaging; maintain the Goods in satisfactory condition insured with the Company's interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.
5. PRICE: We reserve the right to amend our prices and replace products where necessary.
6. PAYMENT: You may use the checkout facility to access the secure credit card payment area. Alternatively, if you prefer not to pay online, you can simply print the final ORDER FORM out (Complete the vat declaration if appropriate) and post it to us with your cheque or postal order form.
7. WARRANTY: All goods supplied are subject to a warranty of one year on defects in manufacture and materials unless a longer period is specified by the Company in writing. Unserviceable or defective parts will be repaired or replaced within the period of the warranty free of charge. Defects due to natural wear, excessive loading, unnecessary force, improper use or modification and/or repair work carried out by other than the Company, are excluded from the warranty. If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 7 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question. The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods or alters or repairs the Goods without the agreement of the Company. The Company's liability under the warranty shall be limited to repairing or replacing the Goods in question.
8. LIMITATION OF LIABILITY: The Company's liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the price of the goods and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
9. FORCE MAJEURE: If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party's obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
10. PRIVACY: Opt4Mobility do not disclose buyers' information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option.
11. MONEY BACK GUARANTEE: If the goods you receive are damaged or faulty, please return them within 14 days of receipt, in the condition that you received them, and we will replace the goods and refund your postage
12. HANDLING & CARRIAGE: A variable charge is made for handling and carriage on all internet orders. This covers order processing, packaging, handling, insurance and delivery costs:
- Individual orders valued up to £25.00 @ £3.95
- Individual orders valued between £25 and £49.99 @ £7.50
- Individual orders valued between £50 and £74.99 @ £12.50
- Individual orders valued between £75 and £99.99 @ £15.00
- Individual orders valued between £100 and £499.99 @ £25.00
- Individual orders valued over £500.00 @ £69.95
13. GUARANTEE: All products are guaranteed against defects in materials and workmanship for one year from the date of invoice, unless otherwise stated. We recommend regular visual checks to ensure your product is not showing undue signs of wear and tear.
14. GENERAL: If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from the Terms which will otherwise remain in full force and effect. These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.