OMNIMUS Limited STANDARD TERMS & CONDITIONS OF SALE (‘this agreement’)
In this Agreement,
the “Customer”
means any person who places an Order with OMNIMUS (either as a private consumer or as a business);
the “Goods”
means any items sold or supplied by OMNIMUS under an Order;
“OMNIMUS”
means OMNIMUS Limited, a company incorporated in England with company number 10885753 and a registered address at 20 Filey House, Usk Road, London SW11 2RS, United Kingdom;
“Order”
means any request or order (via phone, web order (excluding Ebay or Amazon) or mail order) to purchase the Goods, and;
the “Parties”
refers to the Customer and OMNIMUS.
1. Validity
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties.
1.2 Any Order is subject to acceptance by OMNIMUS. OMNIMUS is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by OMNIMUS does not in itself constitute acceptance by OMNIMUS of the Order.
1.3 OMNIMUS may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the OMNIMUS trading websites.
2. Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the OMNIMUS trading website at the time of the Order from which the Order is placed.
2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and OMNIMUS may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.
2.3 If any Goods are unavailable or out of stock then OMNIMUS may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, OMNIMUS may vary the Order with the Customer’s approval.
2.4 Customers placing Orders for age-restricted goods confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
3. Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on the OMNIMUS trading website at the time of the Order from which the Order is placed. OMNIMUS reserves the right to update prices on the OMNIMUS trading website. A delivery and/or insurance charge may be payable in addition to the price of the Goods. Prices are quoted in various currencies depending on country the Goods are shipped to.
3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”), Goods and Services Tax (“GST”). Any such VAT and GST shall be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case OMNIMUS shall be under no obligation to honour the incorrect price or Order.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the OMNIMUS trading website.
4. Delivery
4.1 Full delivery prices and options are listed on the OMNIMUS trading website and subject to change from time to time.
4.2 Delivery will be sent for ‘next day delivery’ within a country subject to availability of OMNIMUS servicing partner and an Order (with the relevant delivery charge) being accepted by OMNIMUS trading websites before 10.00am on a working day (a working day is a day other than weekends and bank/public holidays), and provided the Goods are available.
4.3 Offshore/Remote deliveries will usually be despatched the next working day.
4.4 OMNIMUS will use reasonable endeavours to meet delivery estimates in all cases. However, OMNIMUS cannot be held liable for any loss or damage due to delay in delivery.
4.5 Risk and title in the Goods transfers to the Customer at the time of delivery.
4.6 Goods delivered are used, stored and installed at the Customer’s own risk and OMNIMUS will not be liable for any damage, loss or disruption caused by the same.
5. Warranties and Returns
5.1 Subject to the conditions in this Clause 5, Goods sold may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Goods that have been opened, marked/soiled, damaged or used will only be entitled to a partial refund (not exceeding 60% of the purchase price) after assessment by OMNIMUS. Goods deemed non-saleable will not be refunded and will only be returned at the Customer’s cost.
5.2 Goods are guaranteed against defects in accordance with the terms of the manufacturer’s warranty. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at OMNIMUS discretion.
5.3 Goods must be inspected by the Customer on delivery for damage. Goods that are missing from delivery or damaged due to delivery must be reported to OMNIMUS immediately (specifically, within 24 hours).
5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance).
5.5 Electrical & electronic equipment may be disposed of by prior arrangement in compliance with WEEE regulations. Full details of OMNIMUS’s WEEE compliance policy are available.
5.6 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
6. Termination
6.1 OMNIMUS reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
6.2 OMNIMUS reserves the right to cancel any Order and/or terminate this Agreement if the issues is encountered with the received payment.
6.3 OMNIMUS reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of OMNIMUS’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 OMNIMUS reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order.
7. Limitation of Liability
7.1 The Customer agrees that OMNIMUS will not be liable for any losses or damage suffered by the Customer including but not limited to, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. OMNIMUS will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs or service. Nothing in this Agreement shall exclude OMNIMUS statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless otherwise confirmed by OMNIMUS.
8. Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by OMNIMUS may be subject to copyright (whether owned by OMNIMUS or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold OMNIMUS harmless for any breach of said covenant.
8.2 The Customer’s data protection and privacy rights under this Agreement are set out in OMNIMUS’s privacy policy.
9. Jurisdiction
9.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.
Updated: 1st February 2021
