TERMS (AND CONDITIONS) OF
SERVICE
of
OTO LIMITED
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEBSITE
DEFINITIONS
“Terms” means all terms and conditions, including the definitions
that appear below
"Company" or "company" or "our Company" means OTO Limited, its
shareholders, directors and employees
“We/us/our” means OTO Limited
"“Website" or “website” means the Website(s) owned by OTO
Limited.
“Site” or “site” means third party websites that do NOT belong to
OTO Limited.
"You/your/yourself" means an eligible user of this or any other
Website owned by OTO Limited
“Customers” or “Visitors” means eligible users of this or any
other Website owned by OTO Limited
“Eligible user/users” means any individual/individuals/customers
aged 18 (eighteen) years or over
"Product" means a product displayed for sale on OTO Limited
Website(s) or on Third Party Sites
"Users" means the eligible users of this or any other Website
owned by OTO Limited
"Personal Information" means the details provided by you on
registration and/or order and/or purchase
“‘Working days” means all days other than Saturdays, Sundays and
United Kingdom Bank Holidays
"United Kingdom" means England, Scotland, Wales, Northern Ireland
and the Channel Islands
INTRODUCTION
All users of this Website are bound by our Company's Terms (and
Conditions) of Service. Your use of this Website and the information available on it is
subject to the terms and conditions set out and by using this Website you are acknowledging
your consent to them.
All visitors to the Website must be at least 18 years of age to be
eligible to use it.
This website is owned and operated by OTO Limited a company
registered in England and Wales and as such the laws of the United Kingdom will govern these
terms of use without giving effect to any principles of conflicts of laws.
We reserve the right to make changes to our Websites, these terms
and conditions of service, disclaimers and privacy policy at any time and without any notice
and the current terms of use as displayed on this Website will be the terms and conditions
which govern the usage of the Website. By browsing our website(s) you accept that you are
bound by the current terms and conditions and notices and we therefore recommend that you
check these each time you revisit our Website(s).
The Company and its employees make no representations or
warranties that the content of our website(s) complies with the laws including those relating
to intellectual property laws of any country outside the United Kingdom. Users who access our
Website(s) from outside the United Kingdom do so by accepting full responsibility for
ensuring compliance with all local laws to which they are subject.
THIRD-PARTY SITES
Our website(s) may include links to external or third party sites.
These links are provided for our website users as an additional service for obtaining further
information about products or services to which reference may be made on our Website(s).
These third party sites will have their own terms and conditions of use and service and you
should familiarise yourself with their terms. OTO Limited and its employees can make no
warranty or representation about any linked sites nor can we accept responsibility or
liability for any loss or damage that may arise as a result of using any material which may
appear at a linked Site.
Any products that you order from any Site to which you link from
our Website are subject to any terms and conditions applicable to that Site and we have no
liability to you in respect of such Sites or any products or services you may obtain from
them. These Sites may collect data or solicit personal information from you. These Sites are
not subject to our Privacy Policy.
It is your responsibility to ensure that you are happy with the
terms and conditions and privacy policies on any such Site before you use it or proceed to
order goods or services from it.
MAKING A PURCHASE
The following terms apply to products purchased directly from our
Website as opposed to any external Site to which you may be directed via a link.
Before you may proceed to complete your purchase of an item from
us you should read our Terms and Conditions of Service. By placing an order with us
confirms your awareness of the “DEFINITIONS” given above and your acceptance of our terms and
conditions of service.
If you do not agree with our Terms and Conditions of
Service, please do not attempt to purchase any item from us.
If you do not agree to our terms and conditions please do not use
this Website
ORDER/SALE CONFIRMATION
When you place an order to purchase a product on our website your
order is an offer to purchase those products. You will receive a confirmatory e-mail from us
setting out the details of your order. You will also receive an e-mail notification
confirming your payment for the purchase of the item(s).
PRICE
Where applicable all prices on our Website are inclusive of
applicable taxes. We reserve the right to alter product prices on the website to reflect any
increase in the cost of the products for reasons beyond our reasonable control. This may
include (but is not limited to) pricing mistakes, tax or other duty increases.
Whilst we make every effort to ensure that all prices on our
Website(s) are accurate and up-to-date sometimes errors do occur and the prices stated may be
incorrect. Where the correct price is lower than the one on our website you will be charged
the lower amount. If the correct price is higher than the price on our website and that
charged to you we will contact you by e-mail or telephone to discuss the pricing
error.
If that order has not already been despatched we will at your
request cancel your order and initiate an immediate refund for the item(s)
concerned.
If the item(s) concerned have already been despatched before we
discover the error we will get in touch with you by e-mail or telephone to discuss the error.
If you then choose not to accept or pay the balance of the correct amount due for the item(s)
then you must return the goods immediately on receipt complete with the original despatch box
and unsealed packaging.
When we receive the returned item(s) complete with their original
sealed packaging we will initiate an immediate refund of the price already paid by you and
also reimburse you with the postal charges incurred in returning the item(s) provided that
the original sealed packaging of the item(s) is not broken or removed.
PRODUCT AVAILABILITY
When you order an item (other than downloadable items which are
delivered shortly after notification of receipt of cleared payment) we will give you an
indication of its availability and shipping details. These indications and any despatch times
are estimates only and should not be relied upon as guarantees.
Unless notified to the contrary following your order, “in stock”
items (other than downloadable items) are usually despatched within 1–3 weekday of you
placing your order and receipt by us of cleared payment.
If we become aware that a product you have ordered is no longer
available or cannot be obtained from our suppliers we will notify you by e-mail and if no
substitute is required by you we will cancel your order and initiate an immediate refund of
any monies paid for the item(s).
DELIVERY AND SHIPPING POLICY
We endeavour to deliver the products as soon as possible to the
delivery address given by you in accordance with our shipping policy and the
product’s/products’ availability as set out on our Website(s).
If you change your mind for any reason you may cancel your order
in writing at any time up to seven working days after receipt of the goods. If you do wish to
cancel, the following terms will apply:
If we have allocated a product to your order or have already
despatched it then you will need to wait until you receive the item(s) before cancelling your
order and then following the instructions on the Despatch Note which is sent with your order
and return the item(s) to us as soon as possible but within 21 days from the date of your
order of the item(s). We will then process your return and issue a refund or replacement as
appropriate.
RETURNS
Unless otherwise stated in the form of special Refund Guarantees stated in sales letters for
individual products on any of our websites, then the following terms apply:
If a product we deliver is defective or the product is damaged in
transit to you please let our Sales Department know immediately and we will provide a refund
or replacement in accordance with our Returns Policy.
If you do not wish to receive a replacement for any item which is
defective or damaged, on receipt by us of the returned item(s) you will be refunded with the
price paid for the item(s) plus the cost (if any) of the postal charges paid by you as part
of your initial order. You will also be reimbursed for the mutually acceptable and agreed
postage costs incurred by you in returning any damaged physical products to us.
If a replacement item is acceptable to you, this will be sent to
you free of charge and you will be refunded with the cost of the postal charges paid by you
in returning the defective or damaged in transit item(s) to us.
If you change your mind after making your purchase and return the item to us as per our terms
(please see Delivery and Shipping policy above for such returns) you will receive a refund of the
price paid for the item in accordance with our Delivery and Packing Policy and Returns policy but
the postal charges paid by you for returning such items to us will have to be borne by
you.
If you wish to return any item(s) from your order please enclose a
covering note detailing your reasons for the return. Once we receive the item(s) at our
warehouse, we will issue a refund or replacement as appropriate and in accordance with our
Returns and Delivery and Shipping policies.
Please also note that items must be returned within 21 days from
date of your order for them to qualify for a refund in accordance with our Returns and/or
Delivery and Shipping policies.
CUSTOMS RELATING TO DELIVERY OVERSEAS
When ordering goods from us for delivery overseas you will be
entirely responsible for any import duties and taxes which may be levied by the countries
concerned and you will also be responsible for additional charges for customs clearance.
Customs policies vary widely from country to country so you should contact your local customs
office for further information before placing your order with us. Please note that
cross-border deliveries are subject to opening and inspection by customs
authorities.
VISITOR/CUSTOMER MATERIAL AND CONDUCT
Where appropriate, you may submit reviews of products on this
website but you must make sure that the content of any submission you make is not illegal,
defamatory, obscene, offensive, objectionable, malicious and invasive of privacy, infringing
of intellectual property rights or otherwise injurious to third parties, does not consist of
or contain software viruses, political campaigns, commercial solicitations, mass e-mails,
chain letters or any “spam.”
We reserve the right to remove and edit content if we become aware
of anything which is defamatory or otherwise in breach of the submission policy set out in
these terms.
Other than personally identifiable information which is covered
under the Privacy Policy any material you transmit or post to this Website will be considered
non-confidential and non-proprietary.
In posting reviews or submitting other material you grant us a
non-exclusive, royalty free, perpetual and irrevocable worldwide right (with the ability to
sub-license) to use and reproduce such content on any media for any and all commercial or
non-commercial purposes. Although we may use any name under which you submit your review, you
waive any right to insist to be identified as the author and also waive any right to object
to our treatment of your submission.
If you submit anything which contravenes our submission policy we
may ask you to indemnify us against any losses we may suffer as a consequence.
If you do become aware of any postings on our Website(s) which you
believe to be defamatory or in breach of this submission policy please let us know by
contacting us in writing and we will endeavour to remove any offending content as quickly as
possible.
DOWNLOADS
We may offer downloads to our customers/users from time to time.
While every effort is made to ensure these downloads are safe and free of software bugs we
cannot be held responsible for damage to your computer system. By downloading or placing an
order to download such materials from our Website you agree the action is taken at your own
risk.
LIABILITY
We and other party (whether or not involved in creating, producing, maintaining or delivering this
or other of our Websites) and any of our group companies and the officers, directors, employees,
shareholders or agents of any of them exclude all liability and responsibility for any amount or
kind of loss or damage that may result to you or a third party including without limitation any
direct, indirect, punitive or consequential loss or damages, or any loss of income, profits,
goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to
business interruption, and whether in tort (including without limitation negligence), contract or
otherwise in connection with this or any other of our Websites in any way or in connection with the
use, inability to use or the results of use of this Website, any Websites or Sites linked to this
Website or the material on such Websites or Sites linked to this Website or the material on such
Websites, including but not limited to loss or damage due to viruses that may infect your computer
equipment, software, data or other property on account of your access to, use of, or browsing this
Website or your downloading of any material from this Website or Websites or Sites linked to or
from this Website.
Nothing in these terms and conditions shall exclude or limit our liability for death or personal
injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977), fraud,
misrepresentation as to a fundamental matter or any liability which cannot be excluded or limited
under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of
equipment, software or data, you assume all costs thereof.
If you find that a product is unsatisfactory to your needs, your sole redress and our maximum
liability is a refund of all monies you have paid to OTO Limited or its related companies or
Websites for that product. Under no circumstances will any further liability for any reason
whatsoever be acknowledged.
You agree to indemnify us fully, defend and hold us and our officers, directors, employees and
agents harmless from and against all claims, liability, damages, losses, costs (including
reasonable legal fees) arising out of any breach of the terms and conditions by you or your use of
this Website or the use by any other person using your registration details.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law.
Disputes arising in connection with these terms and conditions shall be subject to the exclusive
jurisdiction of the English courts.
YOUR ACCOUNT
Upon registration you may be required to enter your e-mail address
and confidential password. You will be responsible for all orders placed through your account
so you should make sure that you keep your details safe and confidential.
INTELLECTUAL PROPERTY
All copyright and other intellectual property rights in any
material contained on this website or other websites owned by OTO Limited or its associated
companies are either owned by us or have been licensed to us by the rights owners. The
Website contains trademarks including the company logos and any related domain name addresses
which belong to us or have been licensed to us by the trademark owner for use on the
Website(s). Use of these trademarks is forbidden unless prior written permission has been
obtained from the owner of the trademark.
You may not remove any copyright, trademark or intellectual
property notices contained in any material from our website(s).
COPYRIGHT AND DATABASE RIGHTS
All content included on this Website(s) such as text, graphic,
logos, button icons, images, digital downloads, and software is the property of our Company,
its associates or its content suppliers and is protected by International copyright and
database right laws. The compilation of all content on this Website or Websites is the
exclusive property of OTO Limited, our associates or our software suppliers and is protected
by International copyright laws.
You may not systematically extract and/or utilise parts of the contents of the website without our
express written consent.
You may not utilise any data mining, robots, or similar data gathering and extraction tools to
extract for re-utilisation of any substantial part of this website without our express written
consent.
You may not (whether or not you wish to promote our product as an affiliate) use and/or publish any
part of our website content including our Website Title and Website Description. Any attempt at
framing our site for any purpose will be swiftly and effectively challenged and reported to the
proper authorities and any affiliate commission owing to you will be forfeit.
You also may not create and/or publish your own database or URL that features our Website Title and
Website Description or any substantial parts of this website without our express written
consent.
DATA PROTECTION
Personal details provided to us through our Websites shall only be
used in accordance with our Privacy Policy. We will never disclose your e-mail address to any
third party. By providing your personal details to us you are consenting to their use in
accordance with our terms.
Our Websites have security measures in place to protect the loss,
misuse and alteration of information under our control. Whilst every effort is made to ensure
the integrity and security of our network and systems we cannot guarantee that our security
measures will prevent third-party “hackers” from obtaining this information
illegally.
GENERAL
We reserve the right to decline to supply any individual or
company. We reserve the right at any time to suspend or terminate your access to or use of
our Website(s).
If any provision of these terms and conditions is found to be
invalid by any Court having competent jurisdiction the invalidity of that provision will not
affect the validity of the remaining provisions of these terms and conditions which shall
continue to have full force and effect.
We will not be liable to you in the event that we are prevented by
circumstances beyond our control from delivering any product which you have ordered. The
failure by us to exercise any right or remedy under these terms and conditions shall not
constitute a waiver of that right or remedy.
CUSTOMER SERVICES
Our opening hours are 0930–1800 hours (GMT) Mondays to
Fridays.
We welcome any comments you may wish to make with regard to the
service you receive from our Company or its associated companies from our Website(s). If you
have any suggestions that you believe may help us further improve our service to you and our
other customers, we would appreciate receiving your suggestions in the form of an
e-mail.
You will receive a prompt response to any communication you send
to us during our normal business hours and we will make every endeavour to resolve any
problems to our mutual satisfaction and at the earliest opportunity.
Please read our Disclaimer and Privacy Statements - link given
below:
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