Terms and Conditions
1. Introduction
The following are terms and conditions (“Terms”) of a legal agreement between you and Ooznest Limited (“Ooznest” “we” “us” or “our”). These Terms govern your use of the goods and services we offer, and the use of www.ooznest.co.uk (the “Website”) owned and operated by Ooznest Limited.
By accessing, visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available to us. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
You must read these Terms carefully before accessing or using our website, goods or services. By accessing, browsing, using or registering with any part of the Website, you confirm that you have read, understood and agree to be bound by these Terms in their entirety. If you do not agree to these Terms in their entirety, you must not use the Website, goods or services.
We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Website and any new features or tools which are added to the current Website. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms once posted on the Website. Whilst we will endeavour to inform you when modifications arise, we are not obliged to do so and your continued use of the Website following the posting of any changes will be deemed acceptance of them.
2. Information about the Business
This Website is owned and operated by Ooznest Limited. Our registered office address is Kingfisher House, 11 Hoffmanns Way, Chelmsford, Essex, United Kingdom, CM1 1GU. Company Number 09582219. VAT Number: GB199412277. Our trading address is The Yard, Old Crown Lane, Brentwood, Essex, CM14 5TA.
You can contact us by writing to us by email at help@ooznest.co.uk or by post at Ooznest Limited, The Yard, Old Crown Lane, Brentwood, Essex, CM14 5TA.
If we need to contact you, we will do so by writing to you at the email address or postal address you provide to us in your order.
When we use the words “writing” or “written” in these Terms, this includes emails.
3. Access and Use of the Website
You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else´s enjoyment of the Website.
You may use, download and display the contents of this Website on a computer screen and also print one copy of such content, solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:
- Copy, reproduce, use or otherwise deal with any content on the Website.
- Modify, distribute or re-post any content on the Website for any purpose.
- Reproduce, crawl, frame, link to or deep-link into this Website on or from any other website or application/app or any other device connected to the Internet.
- Use the content of the Website for any commercial exploitation whatsoever.
You may not use the Website for any of the following purposes:
- Disseminating any unlawful, libellous, threatening, abusive, bullying, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
- Gaining unauthorised access to our or other computer systems.
- Interfering with any other person’s use or enjoyment of the Website or the Internet.
- Interfering or disrupting networks or web sites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright.
Misuse of the website may lead to account termination or legal action.
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting our Goods and services deliverable to the UK. Those who choose to access this Website from locations outside the UK are responsible for compliance with local laws, and privacy laws, if and to the extent local laws are applicable.
4. Registration and Accounts
When you register for an account with our Website to place orders, you agree that the information and personal details provided on registration and at any time are correct and complete to the best of your knowledge and you are representing that you are of legal age to form a binding contract. You agree to keep your accounts information and personal details up to date.
When you register an account with our Website you must create a password. You are responsible for maintaining the confidentiality of your password and accounts and any activities that occur under your account. We will not be liable for any loss or damage which may arise as a result of any failure by you to protect your password or accounts.
5. Product and Service Information
Goods may vary slightly from its picture. The images of the Goods on our Website are for illustrative purposes only.
Whilst every effort is made to ensure that they are as accurate as possible, the specific detail shown on the Goods may occasionally vary due to a number of reasons including changes made by manufacturers/ suppliers, and imagery may not be available for all Goods option sizes.
We do our best to ensure that information on the Website is complete, accurate and current. Despite our best efforts however, information on our Website may be inaccurate, incomplete, or out of date. All specifications, Goods, descriptions, and prices of Goods on the Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our Goods, including applicable colours. However, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. We do not warrant the accuracy or completeness of the information, content or material provided through our Website.
The inclusion of any Goods or service on the Website at a particular time does not imply or warrant that these Goods or services will be available at any time. We reserve the right to discontinue any Goods at any time.
We reserve the right, but are not obligated, to limit the sales of our Goods or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods or services that we offer. All descriptions of Goods or Goods pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any Goods or service made on this Website is void where prohibited.
We do not warrant that the quality of any Goods, services, information, or other material purchased or obtained by you will meet your expectations.
The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
The price of the Goods and any delivery charges will be the price indicated on our Website at the time you submit your order. All prices include the current applicable VAT rate unless otherwise stated. Prices for our Goods and delivery charges are subject to change without notice.
Printed media prices are correct at time of going to print, and we reserve the right to update prices.
Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, or check the promotional price appears at the checkout before placing your order, otherwise you may be charged the full price.
We take all reasonable care to ensure that the price of the Goods advised to you is correct. However, our Website contains a large number of Goods, and it is always possible that, despite our best efforts, some of the Goods listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Goods’ correct price is less or higher than our stated price, we shall notify you before dispatching the Goods and request instructions on whether you wish to proceed with the order. We are under no obligation to charge the lower amount when dispatching the Goods to you.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Goods provided to you.
We reserve the right at any time to modify or discontinue the Goods or Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Goods or Service.
If the Goods ordered are on Back-Order at the time of ordering or subsequently found out of stock when the order is being processed, an email will be sent to you with the available options.
6. Order Process
After placing an order, you will receive an email from us acknowledging that we have received your order and that the transaction for payment has been authorised (Order Confirmation). Please note that this does not mean that your order has been accepted. Your order constitutes an offer by you to purchase our Goods in accordance with these Terms. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
You acknowledge the accuracy of any orders placed with us. It is your responsibility to review our confirmation of receipt of order to ensure that the order is accurate.
The prices payable for the items that you order are clearly set out on the Website. If, by mistake, we have under-priced an item or a collection of items, we will not be liable to supply an item to you at the stated price provided that we notify you before we despatch the item concerned.
We reserve the right to modify our prices in the event that you request any alteration or variation in the goods or services supplied and that we are not obliged to accept any such request.
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
We will assign an order number to your order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence relating to your order.
7. Payments
Payment for a Goods must be by credit card, debit card, PayPal and bank transfer services. Payment will be taken at the time you place the order on our website.
Payments are processed by PayPal and Stripe. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure.
Full payment for the price of the goods you order and purchase, and any applicable charges for delivery, must be received before your order can be processed unless we have agreed otherwise in advance in writing.
By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal, you confirm that the PayPal account being used is yours or that you are authorised to use it.
All credit/debit card holders and PayPal users are subject to validation checks and authorisation by the card issuer or PayPal. If the issuer of the card or PayPal refuses to authorise payment, we will not accept your order, we are not obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you.
Please do not communicate your payment card details or PayPal details and password to anyone, including us, by email. We cannot be held responsible for any losses you may incur in transmitting information to us by internet link or by email.
We offer credit accounts solely to UK Registered Limited Company, UK Registered Charity or UK Local Authority. We do not supply goods on credit to consumers. By opening a credit account, you agree and accept that you are not dealing with us as a consumer. Credit account applications are subject to a credit check performed by our partner Creditsafe UK using the information you provide, and trade references.
We reserve the right to decline credit based on the results of the credit check and references. Credit account activity will be reviewed, and the credit terms/ limit may be adjusted accordingly based on the trading history.
These Terms apply to all credit account holders and are in addition to the Credit Account Terms and Conditions which are available at https://ooznest.co.uk/credit-terms-and-conditions/.
8. Deliveries
Goods will be delivered to the address specified by you on the completed order form. Our delivery service options and charges will be specified at the time the order is placed.
We reserve the right to deliver an order in instalments by separate delivery shipments. Further information about delivery of our goods can be found at https://ooznest.co.uk/delivery/.
If you have not received the delivery, or the delivery is damaged, you must notify us immediately, and no more than 5 working days after the estimated delivery date. Claims for missing or damaged items cannot be processed if initial notification is received after this time.
Please note that we do not guarantee delivery times as we have no control over courier/postal service companies once your order has been handed to them. Delivery times listed are all approximate, and therefore, we cannot issue refunds for delays in delivery.
If you require a guaranteed delivery date, please email us and we will do our best to assist you.
In the event that we are unable to use the delivery method selected due to weight, size, or location of the order, we will use the closest possible alternative service, potentially with a different courier/postal service.
While we will do our best to fulfil your request for delivery instructions or a designated safe place, the responsibility for delivery lies with the courier/postal service. Ooznest and the courier/postal service are not liable for your delivery once it is delivered to your nominated safeplace.
In some instances, the courier/postal service may deliver to a safeplace at the address without a specific instruction from you, if they deem that location to be an acceptable as a safeplace as per the individual courier guidelines.
If a delivery attempt is made by the courier or postal service and the recipient is unavailable to accept the delivery and/or has not designated a safe place for the parcel, the courier or postal service shall leave a notification card with redelivery information or instructions to arrange for redelivery or collection from the depot. Please note that the redelivery may not necessarily occur on the next working day. For further information regarding the specific redelivery and collection policies of the courier or postal service provider, customers are advised to contact the provider directly.
You must do all that you reasonably can to enable delivery to take place at the given time and place. In the event that a parcel is returned to us due to failure to accept the delivery, failure to arrange redelivery or collection, provision of an incorrect address, or refusal of delivery, the customer will be responsible for any additional charges incurred for subsequent delivery attempts. If we are unable to arrange a date for re-delivery, we may cancel your order and refund to you the price that you have paid for the goods, less original shipping charges.
We shall not be liable for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attacks, wars, civil commotions, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
Upon delivery of the goods to you or collection of the goods by you, the risk of loss or damage to the goods passes to you, and you will be responsible for them.
9. Cancellation returns and refunds
Your right to cancel the Contract will depend on your reason and when you decide to cancel the Contract:
1. Change of mind: If you wish to return the Goods due to a change of mind, please refer to our Returns Policy. You may return Goods within 30 days of the date of delivery, beyond which your right to return Goods expires.
To initiate a return, complete the Return Request Form on our Website to receive an authorisation and RMA code. Return the Goods (together with the original packaging) within 30 days from the date of delivery. Ensure all components, promotional items received (including free gifts) or discounted additional Goods are in your return. The cost and liability of returning the Goods are your responsibility.
Upon receipt and inspection of the returned items, we will issue a refund for the price you paid. Refunds are only issued once the goods are in our possession and the original shipping charges are non-refundable. We will process the refund within 14 days from receipt of the returned Goods, using the same payment method used for your order.
We reserve the right to deduct from the refund amount for loss in value due to unreasonable use of the goods. Your right to return does not apply to Goods cut/mixed to your requirements, made to measure/order, personalised, or software Goods (e.g., Cut-To-Size Goods, Belt, WorkBee Z1+). If we agree to a return for such Goods, a cancellation and restocking fee may apply.
2. Faulty Goods: If you find a problem with a Goods, notify us before submitting a Return Request Form. If the Goods are covered by a specific Warranty, we will follow the warranty process. You may need to contact the manufacturer directly if they offer a helpline, repair service, or warranty.
If a problem is confirmed within 30 days of delivery/collection, you may reject the Goods for a full refund or opt for a replacement. We will require return of the faulty Goods and we will cover return delivery costs up to a reasonable value. If the fault develops after 30 days and is not covered by a Warranty, we may offer repair/replacement, a price reduction, or a refund at our discretion. We will still require the return of the original Goods and will cover return delivery costs up to a reasonable value.
3. Cancellation/Changes Prior to Despatch: Orders can be amended or cancelled prior to despatch where possible. Contact as soon as possible via Live Message or WhatsApp to request an amendment or cancellation. However, If the order has already been processed, we may not be able to amend or cancel it.
Your right to amend/cancel does not apply to goods that are cut/mixed to your requirements, made to measure/order, personalised, software Goods (e.g., Cut-To-Size Goods, Belt, WorkBee Z1+) or goods marked as ‘Clearance’ on the Website. If we agree to an amendment or cancellation where it typically doesn’t apply, we may charge a cancellation and restocking fee.
10. Intellectual Property Rights
The Website and all its Materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video and audio (collectively “Materials”) are protected by copyright, trademarks, database rights, other intellectual property laws of the United Kingdom and are the property of Ooznest. These Materials are provided through the Website as a service to its current and prospective visitors and may be used solely for personal or informational purposes. This is subject to the condition that you retain all copyright and other proprietary notices contained on the Materials.
No right, title or interest in our Materials is conveyed to you. You are not permitted to copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative work from, sell, license, or otherwise exploit the Website or any of its Materials without our prior written permission; you may not access or use the Website for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration distribution, transmission, performance, display, or other use of these Materials is strictly prohibited. Ooznest reserves all rights not expressly granted as applicable.
11. User Generated Content
If you send specific submissions at our request (for example contest entries) or if you send creative ideas, suggestions, proposals, plans, or other materials without our request, whether online , by email, by postal mail, or otherwise (collectively referred to as ‘comments’) you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation (i) to maintain any comments in confidence; (ii) to provide any compensation for any comments; or (iii) to respond to any comments.
We reserve the right, but are not obliged to monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property rights or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12. Privacy Policy and Cookie Policy
These Terms supplement (and are in addition to) the terms of our Privacy and Cookie Policies. Our Privacy Policy explains what personal information we collect about you when you use the Website and our Cookie Policy deals with the use of cookies on the Website. You can view our Privacy and Cookie Policies here.
When you agree to these Terms, you are also deemed to have read, understood and agreed to our Privacy and Cookie Policies in their entirety.
13. Limitations and Exclusions of Liability
To the extent not prohibited by law, we accept no liability for any:
- Loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into our contract).
- Loss which arises when we are not at fault or in breach of these Terms.
- Business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses), as well as business interruption.
If you are a business customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any loss or profits, business, contracts, goodwill, business opportunity, and other similar losses, or any business interruption, or indirect or consequential loss. Neither will we be liable for any loss which is not foreseeable consequence of us being in breach of these Terms or our legal duties.
Further, if you are a business customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.
Our liability section applies regardless of any other sections in this agreement and it shall survive the termination of this agreement.
Nothing in these Terms is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability for fraud, fraudulent misrepresentation, death, personal injury resulting from our negligence, or any other liability which cannot be limited or excluded as a matter of applicable law.
14. Breaches of these Terms
If you fail to comply with any provision of these Terms, we reserve the right to take appropriate actions as we deem necessary to address the violation. These actions may include, but are not limited to:
- Issuing you a warning.
- Temporarily or permanently barring you from accessing certain features of our Website.
- Temporarily or permanently suspending or terminating your account on our Website.
- Initiating legal proceedings against you for reimbursement of all costs resulting from the breach, including, but not limited to, reasonable administrative and legal costs.
- Reporting your activities to law enforcement authorities.
The specific action we take in response to your breach will depend on the nature and severity of the violation. We will not be liable for any losses you suffer due to actions taken in response to breaches of these Terms.
By accepting these Terms, you agree to indemnify us and hold us harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms, your violation of any law, or your infringement of the rights of a third party.
15. Amendments
We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting the updated terms on the Website. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.
If you do not agree to the revised Terms or any changes therein, you should discontinue your use of and access to the Website immediately.
16. Severability
If any provision of these Terms (including any provision in which we exclude or limit our liability to you) is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and the remainder of the provision in question shall not be affected. Any such invalid or unenforceable provision will be deemed to be severable from these Terms and shall not affect the enforceability or validity of the remaining provisions. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and interpreted in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms.
17. Third Party Rights
Our Website may contain links to third-party sites that are not owned or controlled by Ooznest.
Ooznest has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. Inclusion of any third-party links does not constitute or imply endorsement by Ooznest. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit. You will be subject to and will be deemed to have been made aware of and to have accepted, the different terms of use and privacy policies of each such third-party site.
18. Governing Law and Jurisdiction
This Agreement, and any disputes arising out of or in connection with it, including any non-contractual disputes or claims, (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. You agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes or claims.
19. Contact Information
If you have any questions about our Terms, you can email us at help@ooznest.co.uk or write to us at Ooznest Limited of The Yard, Old Crown Lane, Brentwood, Essex, CM14 5TA.