Omni: Terms & Conditions

TERMS AND CONDITIONS

These terms and conditions ('the Terms') govern the users ('you' or 'your'), use of the www.madebyomni.co.uk ('the website') and relationship with Made By Omni Limited and its subsidiaries (“Made By Omni”), also trading as the website(s) whose registered office is at KEMP HOUSE, 128 City Road, London EC1V 2NX, United Kingdom. Company Number 11432827.

Please read them carefully as they affect your rights and liabilities under law.

1. Agreement

By making a purchase from our website(s) or from Made By Omni Limited by phone or email, or in writing you agree to be bound by the Terms at the time of the transaction.

2. Amendments

We reserve the right to update these Terms from time to time and any changes will be shown on the website(s).

3. Registration

You warrant that the personal information which you provide at registration or subsequently is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.

4. Privacy Policy and Data Protection

We will treat all your personal information as confidential and process your personal data in accordance with the relevant and up to date data protection legislation, in force from time to time. Please refer to our Privacy Policy for more information on what personal data we hold, what we do with that data and how long we will keep it. We are registered with the Information Commissioner's Office, which has a website with further information about your rights under data protection legislation, including your right to complain. (See ico.org.uk).

In relation to your personal data, we act as Data Controller and it is very important that the personal data that you give us is correct and kept up to date. If you give us personal data about someone else, it is for the purpose of delivering of the goods and service and so we may share your/their data with a third party to facilitate the delivery process of the goods ordered.

5. Protecting Your Security

We take the risk of internet fraud seriously. There is a possibility we may contact you to make security checks and we ask for your co-operation. By accepting these Terms you consent to such checks being made.

6. Compliance

The website(s) may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website(s) and use. You agree not to upload or transmit through the website(s) any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.

7. Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of our website(s) or any other person accessing the website(s) using your personal information.

8. Third Party Links

As a convenience to our customers, the website(s) may include links to other websites or material. Whilst these links are provided with the intention that they will be of benefit to our customers, we will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services on such external websites.

9. Orders

All orders are subject to acceptance and availability.

Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the website(s). The conclusion of a contract between you and us will take place when a recorded delivery attempt has been made to the address(s) you have specified and payment has been received.

You will assume the risk for the products once they have been delivered to the delivery address which you specified. We accept no liability if you provide an incorrect delivery address.

10. Cancellation – Cooling Off Period

In order to ensure customers, receive the best level of service we offer a returns policy in the unlikely event that you are not satisfied with the goods delivered. Please note that the returns procedure below and any agreement reached must be followed. Also, please be aware that we cannot be held responsible and provide refunds/exchanges on goods affected by circumstances beyond our control. This includes but is not limited to damage and neglect after goods are delivered or goods being stored in extremes of temperature.

In order to arrange a return, please contact us as soon as possible and within 14 days of delivery of your order. You must inform our customer service team in writing of the order number, the item and the reason for the requested return. Returned parcels must be packaged securely the items included. Return procedures must be followed and any return postage or delivery costs associated with the return of your parcel are at your own cost. Goods returned must be in their original unused condition and in the packaging in which they arrived.

Once received returned items will be checked and any agreed refunds or exchanges will be made within 14 days. The full cost of the item will be refunded, any additional delivery fees paid at time of order will not be refunded.

In the event that a customer cancels the order after despatch Made By Omni reserves the right to charge an administration fee and any costs incurred up to that point of cancellation.

11. Price and Payment

Payment may be made by Visa/MasterCard, American Express, Maestro, PayPal, buy now pay later options from Klarna, Clearpay, Laybuy and should be made with an order unless a credit account has previously been arranged.

Title to goods remains with Made By Omni until all sums due are paid in full or the service provider.

We reserve the right to amend prices from time to time.

Orders with a delivery address outside the UK may be subject to opening and inspection by local customs authorities. In respect of such orders the recipient is deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered and be subject to import duties and taxes. In the event that our carriers report any such import duties we will agree with you the settlement of such duty.

You confirm that you are authorised to use the payment method you select. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card does not authorise payment to us we will not be liable to you for any delay or non-delivery.

You may only use one discount code with each order. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

12. Eligibility to Purchase

To be eligible to purchase goods on the website(s) and lawfully enter into and form contracts with Made By Omni under English law you must:

If an individual, be 18 years of age or over; and

It is a criminal offence to purchase or attempt to purchase goods with a stolen credit card, or with stolen personal details, or with a false name. We will take appropriate action if we discover any person is attempting to fraudulently purchase goods from our website.

We reserve the right to withhold goods and terminate any account details with anybody whom we suspect of fraudulent practice and / or breach of these terms and conditions.

13. Intellectual Property

The content of the website(s) is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the website(s) shall remain with us or our licensors.

You may retrieve and display the content of the website(s) on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website(s).

14. Limitation of Liability

Notwithstanding any other provision in the Terms, nothing in these Terms:

Affects or limit your rights as a consumer under English law; or

Will exclude or limit our liability for death or personal injury resulting from our negligence.

The website(s) are provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether expressed or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the website(s) and any information provided by you. You must bear the risk associated with the use of the internet.

We disclaim all liabilities in connection with the following:

Incompatibility of the website(s) with any of your equipment, software or telecommunications links;
Technical problems including errors or interruptions of the website(s);
Unsuitability, unreliability or inaccuracy of the website(s); and
Failure of the website(s) to meet your expectations.

To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of, or are related to the website(s).

15. Severance

If any part of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

16. Waiver

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

17. Entire Agreement

These Terms form the entire basis of any agreement reached between you and us.

18. Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

19. Delivery

We aim to deliver our goods to UK addresses within 3-5 working days on our free standard UK delivery option. If you have selected and paid an additional premium for one of the upgraded and premium delivery services we may give you the option of choosing or indicating a day for delivery, neither Made By Omni nor our carriers guarantee any time or date of delivery: there are sometimes events beyond our control that may affect the delivery date and normal transit times. We will do everything we can to arrange deliver on the date requested we have a very high success rate in achieving delivery on customers’ preferred date. We do however recommend you select a preferred delivery date allowing for any possible delays including the recipient not being home when the delivery is attempted.

Saturday delivery is an upgraded delivery service to UK mainland addresses and may include an additional fee, but as above, we do not guarantee a parcel will arrive on the preferred day. Saturday deliveries are not available to business addresses, and hospitals, hotels and universities and other educational establishments.

Our third party contracted carriers will only hold the parcel for a limited time after an attempted delivery when a calling card has been left, and if the recipient does not respond to the card the parcel will be returned to us. If we are requested to re-send or redirect the parcel there may be additional charges. – this may be up to 50% of the original cost of the order depending on circumstances and contents. In the event of non-delivery within the UK due to an incorrect address or recipient information supplied by the purchaser, if the recipient specified by the customer refuses to accept the parcel or the purchaser should cancel the order after despatch, Made By Omni reserves the right to make a charge of up to 50% of the cost of the original order for re-directing or arranging return re-sending the order. We are unable to refund the cost to you in returning any item unless the item was faulty.

Notification of damages or non-delivery must be made in writing to Made By Omni within 14 days of the due delivery date. We will not accept claims for compensation or refunds after this period.

For deliveries to hospitals, universities, colleges, military bases, work addresses etc., please be aware that the driver is required only to deliver to the address on the label – not directly to the recipient and we cannot be held responsible for delays incurred from the parcel being delivered to the address and being received by the recipient.

Please check that hospitals will allow deliveries of food items or drink to the relevant ward and ensure the ward details are entered when completing the address details. For deliveries to blocks of flats, it is important that the driver is able to gain access for a card to be left or to attempt delivery. Unfortunately, we are unable to arrange delivery to PO Box addresses or similar.

International Delivery

Whilst we maintain a high quality service and product availability in the UK, we are unable to guarantee availability or service standard of our third party delivery partners.

20. Reviews

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Made By Omni the right to use the name that you submit in connection with such content. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Made By Omni.

The content and material is accurate;

Use of the content and material you supply does not breach any applicable guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

21. Promotional Codes

We run a range of promotions during the year for which voucher codes may be issued. Only one voucher code can be redeemed against a single order. We are unable to retrospectively apply voucher codes to previous orders.

Promotional vouchers and discount codes cannot be used in conjunction with any other offers or affiliate commission and cashback schemes.

Some products may be exempt from promotions and the use of promotional codes.

22. Emails and Mailing List

By opting in to our email mailing list you expressly consent to receiving emails from Made By Omni relating to our products and services. We do not share your information with any third parties (other than delivery services, if you place an order), or use your email address for any other purpose. If you do not wish to be receive emails from Made By Omni, please contact us at hello@madebyomni.co.uk and we will remove you from the mailing list.

23. Product listings

While photography and descriptions are intended to be accurate, backdrops and other props shown in photographs are not included unless specifically listed in contents.

Made By Omni reserves the right to substitute items of equal or greater value if, for any reason, those stated are unavailable at time of despatch.

2. Gift Messages

Every gift ordered from Made By Omni Limited on our website(s) has the option to leave a personalised gift message. This is an open text box where you can leave a private message to the recipient. This message is then included in the package. This gift message is free and part of our added value service, we cannot accept liability for the contents of the message, or can guarantee it will be included inside or on the gift.

25. Gift cards

Every gift card ordered from Made By Omni can be used on anything in our store, bazaar, outlet or omni products. To use your gift card you'll need to enter your unique code in the checkout. The voucher can only be used in the same currency as it was bought in i.e. GBP. If you're spending more than the value of your gift voucher, you'll need to pay the extra using another payment method in the usual way. If you're spending less than the value of your gift voucher, the credit will stay on your account for you to spend later, ready for you to use on your next order. Gift vouchers bought on our website will does not have an expiry date.

26. Copyright

All photographs, copy, images, graphics contained within this website(s) are the wholly owned property of Made By Omni. Any parties found to be using or copying any element of this website(s) without permission including our products or product descriptions will be deemed to be infringing our copyright.

27. Complaints

We take complaints very seriously, in the first instance please submit your complaint in writing to hello@madebyomni.co.uk. We will respond as soon as possible.

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