Terms & Conditions
- Your contract for purchases made through the Site is with Opus Promotions & Marketing Ltd, whose address is 39/40 Calthorpe Road Birmingham B15 1TS UK (‘Opus’/‘we’ /‘us’/‘our’). Registration number 7242023.
and you undertake that any and all goods ordered by you are for your own private and domestic use only.
- You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
- While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- No contract for the sale of any product will subsist between you and Opus until Opus dispatches the product(s) ordered. We will confirm that the
product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Opus of your offer to buy goods from Opus or a third party supplier that is engaged on your behalf by Opus (whether or not you receive that e-mail).
- You agree that e-mail can be used as a long-distance means of communication.
- You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
- To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these terms and conditions you consent to
such checks being made. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998.
- You undertake that all details you provide to Opus for the purpose of ordering or purchasing goods or services are correct, that the credit or debit
card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
- If there are any changes to the details supplied by you it is your responsibility to inform Opus as soon as possible.
- All purchases are non-exchangeable, non-refundable and non-transferable.
- You may cancel your order at any time prior to your order being processed by clicking on the ‘cancel’ link next to the product ordered on your account page on the website. You may
also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later
than 7 working days after the day after you receive the product by:
- sending the notice of cancellation by email to opuspromote@gmail.com ensuring that you quote your name, address and order reference number; or
- where you have already received the goods, returning the goods to Opus
unopened together with the original invoice. Opus will refund you the
purchase price of the goods. Where appropriate Opus shall refund any
additional customs duties borne by you on receipt of the relevant customs
receipt.
- Once Opus receive notification from you that you wish to withdraw from the
contract (in accordance with these terms), any sum debited to Opus from
your credit card in relation to your order will be re-credited to that credit
card account as soon as possible and in any event within 30 days of your order
provided that the goods you wish to return are received by Opus in the
condition that they were in when delivered to you. You will be liable for any
charges incurred in returning the goods to Opus.
- Opus reserves the right to make a 15% restocking charge for any goods which
are not returned in mint condition or to refuse to accept such goods, at its
sole discretion. Opus also reserves the right to make a charge for
collecting goods from your premises in circumstances where they are not
defective but you have cancelled your order. Your statutory rights are not
affected.
Liability
- This section applies only to the extent permitted by law. For the avoidance of doubt, Opus do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Opus’s negligence or wilful default, or that of Opus's employees, agents or subcontractors or (b) fraudulent misrepresentation.
- Opus does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
- If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.
- Opus will do its best to correct errors and omissions as quickly as practicable after being notified of them.
- TO THE FULLEST EXTENT PERMITTED BY LAW, Opus IS PROVIDING THIS SITE AND ITS
CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL)
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO
THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS
SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. IN ADDITION, Opus DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
- In the unlikely event that you receive goods which were not what you ordered or
which are damaged or defective, or are of a different quantity to that stated
on your order form, Opus shall, at its own option, make good any shortage
or non-delivery, replace or repair any damaged or defective goods, or refund to
you the amount you paid for the goods in question PROVIDED THAT you notify
Opus of the problem in writing at the address stated in the confirmation
e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE
AFFECTS YOUR STATUTORY RIGHTS.
- You and Opus will only be liable under these Terms for losses which are a
reasonably foreseeable consequence of the relevant breach of contract.
- The products sold on the Site are provided for private domestic and consumer
use only. Accordingly, Opus do not accept liability for any indirect loss,
consequential loss, loss of data, loss of income or profit, loss of damage to
property and/or loss from claims of third parties arising out of the use of the
Site or for any products or services purchased from Opus.
Processing of orders
- Credit and Debit cards are debited on the day of shipping by Opus. All
prices include sales taxes (where applicable) unless otherwise stated.
- Opus aims to arrange shipment of all ‘in stock’ items within 24 hours of
receiving your order. Your order may be delayed if the item is not in stock
with our suppliers. Some items may be unavailable and the current stock status
is approximate. Opus are not able to supply dates our suppliers may get an
item in stock.
Delivery/title/risk
- The period stated within which you will receive your order is approximate.
Goods will be sent to the address given by you in your order and stated in the
Order Confirmation. Please note that your goods may be sent to you in
instalments. You may cancel your entire order with us if subsequent instalments
forming part of your order are not delivered by us.
- All prices are charged in GBP (Great Britain Pounds) and are inclusive of VAT (Value Added Tax) at the appropriate rate. Where prices are shown in other currencies, payment will be taken in GBP according to the prevailing conversion rate.
- If your delivery address is outside of UK, you may be subject to import
duties and taxes, which are levied once a shipment reaches your country. Any
such additional charges for customs clearance must be borne by you. You should
note that customs policies vary widely from country to country; Opus
advises each customer to contact their local customs office for further
information.
- Please note that when shipping products internationally, you should be aware
that cross-border shipments are subject to opening and inspection by customs
authorities.
- For Christmas Deliveries, we recommend that you order by the 18th December. We
will endeavour to dispatch all ‘in stock’ orders within 24 hours, however we
cannot guarantee delivery on or before the 24th December as the post may be
delayed in your area.
Miscellaneous
- We shall have no liability to you for any delay in the delivery of products
ordered or any other matters to the extent that the delay is due to any event
outside our reasonable control, including but not limited to acts of God, war,
flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion,
malicious damage, explosion, governmental actions and any other similar events.
- We shall have no liability (including liability for negligence) for the acts or
omissions of telecommunications service providers or for failures of, or faults
in their networks and equipment.
- No waiver by us of any breach of these Terms shall be considered as a waiver of
any subsequent breach of the same or any other provision.
- You may not permit, create unauthorized framing of, or deep linking to, the
Site or the creation of derivative works thereof from any other website under
your management or control.
- In these Terms, ‘Intellectual Property Rights’ means patents, database rights,
copyright, design rights (whether registered or unregistered), trade marks
(whether registered or unregistered) and other similar rights, together with
the right to apply for the protection of any such rights. All Intellectual
Property Rights in the Site shall be owned by us absolutely.
- Subject to the licence granted to you to use the Site, Opus reserves all
rights, title and interest in its Intellectual Property Rights in the Site. Any
goodwill accruing from use of Opus and its affiliates’ trade marks, trade
and business names and service marks under this Agreement will vest in Opus
and its affiliates, as appropriate.
- It is a crime to use a false name or a known invalid credit card to order.
Anyone caught wilfully entering an erroneous or fictitious order will be
prosecuted to the fullest extent of the law. Opus tracks the electronic
‘fingerprints’ of every order placed on Opus to enable us and all
legitimate crime prevention and prosecution authorities to trace individual
users engaging in criminal activities on our website.
- We reserve the right to terminate this Agreement and to suspend or
terminate your access to the Site immediately and without notice to you if:
- you fail to make any payment to us when due;
- you breach the terms of this Agreement (repeatedly or otherwise);
- when requested by us to do so, you fail to provide us within a reasonable time
with sufficient information to enable us to determine the accuracy and validity
of any information supplied by you, or your identity;
- we suspect you have engaged, or about to engage, or have in any way been
involved, in fraudulent or illegal activity on the Site.
- Opus may amend these Terms from time to time, and place the new
version on the Site. When Opus do so, it will mention the fact on our home
page. For users purchasing goods or registering on the Site for
the first time, all purchases from the date that the amended terms are placed
on our website onwards will be governed by those new terms Otherwise, such
changes will be effective against existing users thirty days following posting
of the amended version on the Site. Your continued use of the Site following
Opus’s posting of any changes will constitute your acceptance of such
changes. If you do not agree to any changes to these Terms, then your only
remedy is to cease using the Site.
- These Terms supersede any and all other conditions, understandings,
commitments, agreements or representations (except fraudulent
misrepresentations) relating to your purchase, whether oral or in writing, and
contain the entire agreement between Opus and you relating to your
purchase. Opus advises that you print off and keep safe a copy of these
terms and conditions once your order has been accepted by Opus. We will
store a copy of the contract entered into by you with Opus. You are
advised to read (and are responsible for reading) fully all information on
this website.
- If any provision of these Terms shall be held by any competent authority
to be invalid or unenforceable in whole or in part, the validity of the
remaining parts of these Terms and the remainder of the affected provision
shall be unaffected.
- These Terms shall be governed by and construed in accordance with English law. You agree that the courts of England, Scotland and Wales shall have the exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms.