Terms and Conditions of Sale
Please read all these terms and conditions.
As our acceptance of your order makes a legally enforceable agreement, you are advised to read these terms and conditions to ensure you fully understand your rights and obligations.
- These terms and conditions (“Terms”) will apply to purchases (“Purchases”) of Bezel frames for Samsung TVs (“Goods”), including as discounted under the Samsung Bezel Frame Your TV Promotion (“Promotion”), and payment of fees for the delivery and, where applicable customization of your Bezel (“Services”) as requested by you (the “Customer” or “you”).
- We are Opia Limited, a company registered in England and Wales under number 06021170, whose registered office is at Priory House, Pilgrims Court, Sydenham Road, Guildford, GU1 3XR; (the “Supplier", “Opia” or “us” or “we”).
- These are the Terms which govern your Purchase. By making the Purchase, you agree to be bound by these Terms.
- In addition to these Terms, you will also be bound by and should read the terms of purchase of the manufacturer of the Goods, FrameYourTV set out at condition 5 below.
- Your Purchase of Goods will be fulfilled by FrameYourTV, and subject to their terms available at: https://frameyourtv.co.uk/pages/terms-conditions.
BASIS OF SALE
- A description of the Goods or other form of advertisement does not constitute a contractual offer to sell the Goods.
- A contract will be formed for the Goods purchased, only uponyour receipt of an email confirming the Purchase has been approved.
- No variation of these Terms or concerning description of the Goods, price or otherwise, can be made after the Purchase has been entered into and confirmed. A failure to enforce any of these Terms shall not affect our right to enforce the rest of these Terms as set out herein.
PRICE AND PAYMENT
- The price of the Goods and any additional delivery or other charges for the Goods, and the total price you are required to pay, shall be communicated to you at the point of Purchase.
- Prices and charges will include VAT at the rate applicable in your Territory of residence at the time of Purchase.
- Payment for the Goods and delivery fees must be made upon the Purchase.
- You will be able to make payment via STRIPE using any major credit and debit card, including Visa and MasterCard, with the exception of American Express which is not accepted. The details you provide must be those held by your credit or debit card company; this includes your exact billing address and contact telephone number. Incorrect information supplied can result in a delay of your order being processed. Once an authorisation code has been received for your payment, your order will be processed. No orders will be processed without payment confirmation.
- Delivery Location means the address nominated by you for physical delivery of the Goods. All Goods available in stock will be delivered as a door to door service or via national courier (depending on weight, size and material) within the United Kingdom Mainland.
- The Goods will be delivered to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay.
- Should a confirmed delivery fail due to breach by yourself of the delivery terms you may be charged a redelivery fee at our supplier's discretion. You may also be charged an administration fee should you not arrange a redelivery and such charge will be deducted from your refund.
- We cannot be held liable for any costs, charges, expenses, losses or damages caused by or which you incur as a result of any delay in delivery if the Goods are delivered to you within a reasonable time frame.
- The Goods will become your responsibility from the completion of delivery. You should examine the Goods before accepting them.
- It is your responsibility to ensure the delivery address provided is correct and accurate at the time of placing your order. You have until 5pm on the previous business day to dispatch to inform us of any correction to this address if required. If you do not inform us of any change of address before dispatch of your item(s), you may be liable to cover additional product and dispatch fees.
RISK AND TITLE
- Title (and therefore risk of damage or otherwise) in the Goods will pass to you when the Goods are delivered to you.
WITHDRAWAL AND CANCELLATION
- You can withdraw the Purchase by telling us before you receive confirmation, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You may cancel your Purchase (except for any Goods which are made to your special requirements) by telling us no later than14 days from receipt of the Goods. You must return the unwanted Goods at your expense in accordance with our instructions within 14 days from informing us of your intention to return the Goods as set out in term 23 and 24 below. The Goods must be received in complete and undamaged condition. Returns must be made in accordance with the Returns Policy available at https://frameyourtv.co.uk/pages/terms-conditions
- Following a return made in compliance with Condition 20 then you will be refunded the amount you have paid for those Goods including VAT; however we reserve the right to retain any separate delivery charge. If the Goods returned are damaged deductions will be made to the refund for any wear and tear. This does not affect your rights when the reason for the cancellation is any defective Goods.
RETURNS AND AFTER SALES POLICY
- Following The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, we will accept items back even if you have opened the Goods to inspect them, provided that all seals, covers and packaging remain fully intact.
- You are entitled to a refund as long as you inform us of your decision within 14 calendar days from the day after delivery of the Goods. The Goods must be in an ‘as new’ condition and returned in the original, undamaged packaging.
- When returning opened products, you should do so without undue delay and, in any event, not later than 14 days from the day on which you communicate to us your decision that you don't want to keep the Goods.
- The above does not affect your rights to cancel your Purchase where the Goods are faulty or in defective condition upon delivery.
CONFORMITY AND GUARANTEE
- Our supplier has a legal duty to supply the Goods in conformity with specifications and will not have conformed if they do not meet the following requirements.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you bought the Goods which, before the Purchase was made, you made known to us (unless you did not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose for which the Goods are held out; and
- conform to their description.
- We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. This guarantee will take effect at the time the Goods are delivered and will not reduce your legal rights.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not have reasonably avoided, but this will not affect your rights described in these Terms relating to delivery and the right to cancel.
- For the purposes of these Terms:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the UK Data Protection Act 2018 and the GDPR.
- 'GDPR' means the UK General Data Protection Regulation, (EU) 2016/679.
- Where you supply Personal Data (as defined in the Data Protection Laws) to us so that we or any of our partners can provide Goods or Services to you, and we process that Personal Data in the course of providing the same to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- We do not exclude or limit our liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we will not be held responsible for (i) loss which was not reasonably foreseeable to both parties at the time when the Purchase was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession as we reasonably believe that you are buying the Goods or paying for the Services wholly or mainly as a consumer and not for the purposes of business, trade, craft or profession.
GOVERNING LAW, JURISDICTION AND COMPLAINTS
- These Terms are governed by the law of England and Wales.
- Disputes may be submitted to the jurisdiction of the courts of England and Wales
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly at firstname.lastname@example.org We will aim to respond with an appropriate solution within 14 days.