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 will be required to tick the appropriate box to indicate
acceptance of our Terms and Conditions of Service. Placing a tick in this box confirms your awareness of the “DEFINITIONS” given
above and your acceptance of our terms and conditions.
If you do not tick the appropriate box regarding our terms and conditions you will not be able to proceed further with your
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-proprietry.
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.
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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