FULL TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SALE
Welcome to our terms and conditions of sale. These terms and conditions together with our Privacy Policy apply to any products that you may purchase from our online outlets such as website or through our mobile app. Please read all of these terms and conditions carefully before you order any products because by ordering, you agree to be bound by them.
If you do not accept these terms and conditions, you should not order any products from us.
You should print and save a copy of these terms and conditions for your future reference.
UK Consumers Only
Our website and mobile app are only intended for use by people in the UK. We are unable at this moment, to accept orders from people resident in any other countries.
Your Personal Details
You may need to register with us to order our products. You will also need to enter certain details during the checkout process.
You will be asked to enter information such as your name, address and telephone number. You are responsible for ensuring that all of the information you provide to us is true and accurate.
To ensure that your credit, debit or charge card is not being used without your consent, we carry out certain identity, credit and fraud checks, including validating the name, and address and other personal information that you give to us during our registration and “checkout” process. We reserve the right to change our checks from time to time.
If any problems arise from these checks, we may attempt to contact you (using the contact details you have provided) to discuss this and request additional proof of identity or other information to be sent to Customer Services via email (for example, photo ID such as a driving licence or passport). We reserve the right to reject or cancel an order at our discretion at any time if we consider that our checks have not been satisfied in full.
We think it is important that you know exactly what personal details we collect from you and how we look after and use them. This issue is very important to us, so we have set out full details in our privacy policy.
You are responsible for keeping confidential your username, password and any other information relevant to your access to our website or mobile app.
HOW IS THE CONTRACT FORMED BETWEEN YOU AND US?
Forming the contract
The technical steps required to create a contract between you and us for the delivery of products are as follows:
- You must select the products you wish to order and then go to our checkout.
- You will be guided through the checkout process by a series of instructions. If you want to correct any errors you have made, you can use our functionality to go back and remove individual products from your order or empty your trolley and start again.
- You place an order on our website and our mobile app by clicking the pay button at the end of the checkout process.
- We will send you an automated message which will be shown to you on our website and mobile app immediately after you have placed your order. This is not an acceptance of your order because we will have to carry out stock and identity checks first.
- We will then send you a confirmation email to confirm that your order is being processed by us. Again, this is not acceptance of your order.
- Finally, we will send you an email receipt for your order confirming the products for delivery. At this point, we have accepted your order and a binding contract is formed between you and us.
The contract will be concluded in English.
The details of your contract will be held by us. If you require any information about orders you have placed with us, you can either log-in to your account or contact Customer Services.
Amending your order once you have placed it
You can amend your order before it is dispatched by contacting us on info@OnceOk.com. We reserved the right to make or reject any amends as requested by you. We will inform you the reason if the amendments are rejected.
Delivery
We use two types of delivery services to send our products to you.
Perishable items that require special packaging to retain freshness will be sent by Fast Delivery Services, which arrives by the next day of postage. As much care has been taken to ensure that the items reach you in their state of freshness. No guarantee is given for missed delivery or items left unopened for prolonged period in the delivery package. We advise you to ensure that you are available for delivery and immediately upon receipt of items, to open the package and store the products as per instruction.
Other items will be sent by normal delivery which normally gets to you between 1 – 3 business days. Working days are Monday to Friday. We do not deliver on bank holidays or weekends.
Please note: deliveries can occasionally be made outside these times due to unforeseen circumstances.
If you provide us with an incorrect delivery address and your order is signed for by someone else we cannot be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
Prices and Product Information
All of our product prices are exclusive of VAT.
The price of the products and our delivery charges will normally be as quoted on our website or mobile app (whichever you are using) as at the time you use them. There are some exceptions to this position however, as set out below.
If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on our checkout page before you confirm your order.
Despite our best efforts, some of the products listed may be incorrectly priced. If a product’s correct price is less than our stated price, we will charge the lower amount. If a product’s correct price is higher than our stated price, we will notify you and you can choose whether you want to accept or reject the relevant product.
Our mobile app synchronises prices, discounts and promotions with those from our electronic product catalogue. However, our mobile app can only do this when you are connected to the internet. This means that, if you are using our mobile app to shop and add products to your basket when you are offline, the prices, discounts and promotions on our mobile app may not be up-to-date. When you place your order on the mobile app, your basket will be automatically updated with the correct prices, discounts and promotions before you check-out and we will send an email to confirm the price of your order. If there is any discrepancy between the prices, discounts and promotions shown on our confirmation email, and those you saw on our mobile app, the prices, discounts and promotions on our email will apply. If you are not happy with any of the prices, discounts or promotions in our confirmation email, you can amend or cancel your order (please see our “Amending your order once you have placed it” section above).
Pricing amendments to your order
If you amend your order after you have placed it with us, you will be charged the price as of when doing the amendments
Please also note that as discounts, offers and vouchers are available only for a limited period of time, any discount, offer or voucher which applied when you placed your original order may have expired and in that case will no longer apply if you make a later amendment to add more or new products.
Product Information
The product information contained on our website has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected products, or if your order has already been accepted, not to supply the affected products to you. We will notify you if this is the case and will not charge you for the product.
Colours and appearances of products on computer, tablet or mobile device screens may vary slightly and may not accurately reflect actual products delivered. Product specifications may change from time to time which means that, if the specification has changed in the meantime, the information displayed on our website when you place an order may not reflect the product you receive. If you think that the product you have received does not match its description, then you can contact us for speedy resolution.
Payment
All payments will be taken as soon as possible, after you place an order.
We reserve the right to terminate our contract with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. We will attempt to contact you if this is the case.
You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining full payment from you in the event a failed payment occurs. This may include an administration charge. We reserve the right at any time after a failed payment has occurred to ask a debt collection agency to assist in collecting payment from you.
Discounts and Offers
We may offer discounts and offers from time to time at our discretion. All discounts and offers are subject to the relevant products being available to us and in stock when we pick your order for delivery. We reserve the right to amend or terminate any discount or offer at any time without notice (but this will not affect any orders that we have already accepted).
We may stipulate an expiry date for a discount or offer, which may be linked to the date of acceptance or delivery of an order. In such cases, to qualify your order must be accepted or delivered before the relevant expiry date.
CANCELLATION, REFUNDS, AND RETURNS POLICY
I’ve changed my mind and want to cancel
If you change your mind about an order, you can cancel the order for a full refund to the original method of payment by sending an email to info@OnceOk.com stating your name, address, order number and relevant other information. You cancellation email must reach us before the items has been dispatched or before you get an order complete email, whichever is first. After the item has been dispatched or you get an order complete email (whichever is first) you can no longer cancel the order. Note that the email used for cancellation must be the same as email that was used for ordering.
The products you sent to me were defective
We are under a legal duty to supply products that are in conformity with this contract and each product is sold subject to its product description which can be found on the relevant page for that product.
If you think that any product you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then in the first instance please contact Customer Services who will do their best to assist you. We reserve the right to ask you to send us reasonable evidence of any product affected by such issues.
We will refund to you the cost of any product affected by such issues. To receive a refund of an affected product though, you must notify us of any such issues within 48 hours of first delivery. Note that some defects arising from missed delivery or items left unopened for prolonged period in the delivery package will not be considered. We advise you to ensure that you are available for delivery and immediately upon receipt of items, to open the package and store the products as per instruction.
The provision above are in addition to your legal rights in relation to products that are defective, faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
Where we give you a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
RETURNS
Returning Products Where I’ve Changed My Mind or Where They Are Defective
Due to the nature of the products, unfortunately you cannot return items after delivery. If you have any issue with the products purchased such as damaged delivery or faulty products, we apologise in advance and ask you to please contact us at info@OnceOk.com so we can investigate and resolve the issue.
Our Liability
If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the products as a result of our failure to comply which are a foreseeable consequence of such failure.
General
Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable).
Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.
We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us (as set out above).
These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts. If you have a complaint, or would like to bring a matter to our attention, please contact our Customer Services team in the first instance on info@OnceOk.com.
TERMS AND CONDITIONS OF USE
Welcome to our terms of use.
These terms of use apply to your use of our website OnceOk.com.
This agreement applies as between you, the User of this Web Site and OnceOk Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site.
Please read all of these terms carefully. By continuing to use our website, you agree to be bound by them. If you do not agree to be bound by these terms and conditions of use, you should not visit our website or stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” | means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; |
“OnceOk Ltd” | means OnceOk Ltd 272 bath Street, Glasgow, G2 4JR |
“Service” | means collectively any online facilities, tools, services or information that OnceOk Ltd makes available through the Web Site either now or in the future; |
“System” | means any online communications infrastructure that OnceOk Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
“User” / “Users” | means any third party that accesses the Web Site and is not employed by OnceOk Ltd and acting in the course of their employment; and |
“Web Site” | means the website that you are currently using www.OnceOk.com and any sub-domains of this site (e.g. subdomain. Www.OnceOk.com unless expressly excluded by their own terms and conditions. |
The Purpose of Our Terms of Use
Our terms of use, together with any documents referred to in them, set out the terms on which you may make use of our website.
Other Terms and Conditions
In certain circumstances, additional terms and conditions may apply. For example, when you purchase products from us or post something to our website. All of our terms and conditions are set out on the relevant Terms and Conditions pages
Your Personal Details
We think it is important that you know exactly what personal details we collect from you and how we look after and use them. This issue is very important to us, so we have set out full details in our Privacy Policy. You agree that any personal information you provide to us, whether through the site or otherwise, will be accurate and up to date.
Access to Our Website
You may access most areas of our website without registering your details with us, however to place an order you may need to register an account.
You are responsible for making all arrangements necessary for access to our website. We grant you access to our website on a temporary basis. We may change the arrangements for access to, deny access to, close or suspend part or the whole of our website or any of the services offered on our website, at any time, for any period of time, and for any reason without telling you beforehand and without liability.
We do not guarantee uninterrupted and/or reliable access to our website and make no guarantees as to its operation, functionality or otherwise.
Protection of the Content of Our Website
Please keep your username, password and any other information relevant to your access to our website and/or the creation of an account, confidential. You must not give this information to anyone (except where you have registered on behalf of somebody else in which case you may disclose the information to them only). We are the owner or the licensee of all intellectual property rights and data in our website and in material published on it, including the “look and feel” of our website. These rights are protected by laws and treaties around the world, and you may not use intellectual property rights without our prior written permission.
Accuracy of the Content of Our Website
The information contained in our website has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Our Terms and Conditions explain your rights in relation to any price changes or errors on our website or any products which you have received that do not match the description on our website.
Where product information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected products, or if your order has already been accepted, not to supply the affected products to you. We will notify you if this is the case and will not charge you for the product.
Any reviews or opinions on our website are for information purposes only and should not be construed as recommendations or advice.
Your Right to Use Our Website
What you can do with our website
- You may use our site only for lawful purposes and in accordance with these terms of use.
- You may print or download/save one copy of each page of our website for your personal references purposes.
- You may download/save (and print, if required) any information we expressly make available for download on our website a reasonable number of times for your personal references purposes.
What you cannot do with our website
You must not copy, scrape, distribute, reproduce or modify any material printed or downloaded from our website. You must not use any illustrations, photographs, video or audio sequences or any graphics from our website separately from any accompanying text, or remove any indications of ownership. Where there are no indications of ownership you must acknowledge our status (and that of any identified contributors) as the authors of the material.
You must not post or publish any copies or downloads of materials which come from our website on any networked computer, or make any statements or undertake any actions which could result in liability for us.
You must not, and must not attempt to:
- use our website to carry out or assist any unlawful or criminal activity;
- use our website to receive, access or transmit material which is defamatory, obscene, offensive or sexually explicit or which contains or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- use our website in any way that infringes any third party’s intellectual property rights or data protection or privacy rights and or breaches any contractual duty or duty of confidence;
- use our website to be threatening or harassing to any other person or to cause annoyance to, inconvenience or needless anxiety, upset, harm or embarrassment to any other person;
- use our website to impersonate any person, or to misrepresent your identity or affiliation with any person;
- use the whole or part of our website or its content for any commercial or money-making purpose without having our written consent to do so beforehand;
- access parts of our website that are not intended for public use;
- access or monitor our website or any of its content other than using the site’s navigational structure or for any purpose other than that expressly permitted in our terms of use;
- do anything which places an unreasonably large load on our site, or its supporting computer systems;
- attempt to disrupt or interfere with our website in any way or with another person’s use of our website, or use our website as a means of disrupting or interfering with other websites;
- probe, scan or test the vulnerability of our website or any network connected to it;
- wilfully corrupt any data, documents or material available on our website or insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems so as to cause harm to our website, us or other users or which is likely to bring our website or us into disrepute;
- reproduce, duplicate, copy scrape, or re-sell any part of our website in contravention of the provisions of these terms of use;
- access without authority, interfere with, damage or disrupt any equipment, network or software on which our site is stored or which is used or owned by our site or that of a third party; or
- assist, encourage or permit any other person to do any of the acts described above.
All the above are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worms, trojans, virus, unauthorised, malicious or harmful code or other harmful software (viruses). Some of the acts described above may be criminal acts under the Computer Misuse Act 1990.
Computer Viruses
We will try to ensure that our website is free of viruses, however, unfortunately due to the inherent risks associated with using the Internet we cannot guarantee that it is. It is your responsibility to protect your computer against viruses and ensure that you log off shared computers after using our website.
Breach of These Terms of Use
If we think that you have breached these terms of use, we may take such action as we consider appropriate in the circumstances, including, but not limited to all or any of the following actions:
- we may close our website;
- we may temporarily or permanently prevent you from using our website;
- we may issue a warning to you;
- we may take legal proceedings against you (and may seek reimbursement of all costs any and all losses, damages, liabilities, expenses and costs incurred by us as a result of your breach of this policy on an indemnity (pound for pound) basis;
- we may require that you return or destroy copies of materials you have made in breach of our terms of use; and/or
- we may disclose such information to law enforcement authorities as we feel is necessary.
Linking and Links to Other Websites
Links to Our Website
You may create links to our website, provided that you: only create links from websites owned by you; create the link in a way that is fair and legal and does not damage our reputation or take advantage of it; do not suggest any form of association, approval or endorsement on our part where none exists, or which implies that any of the content of our website is your own or licensed to you, or which otherwise amounts to framing.
We reserve the right to withdraw linking permission at any time without notice and to employ such measures as are necessary to remove any linking or framing to our website.
Links to Other Websites
Our website may from time to time contain links to websites of advertisers, affiliates and websites we feel may be of interest to you. Such links are provided for your convenience only and are not endorsed by us.
Unless expressly stated, these sites are not under the control of OnceOk Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
If you have any queries about such websites, you should contact the operator of the website. We recommend that you always check the websites’ terms and conditions before you use them.
General
Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable).
Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.
We revise our terms of use from time to time. You should regularly check for changes we make to these terms of use. If you do not agree with them, you should stop using our website.
Law and Jurisdiction
These terms and conditions and the relationship between you and OnceOk Ltd shall be governed by and construed in accordance with the Law of Scotland and OnceOk Ltd and you agree to submit to the exclusive jurisdiction of the Courts of Scotland.
Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@OnceOk.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of OnceOk Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by OnceOk Ltd.
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Privacy
For the purposes of applicable data protection legislation, the OnceOk Ltd will process any personal data you have provided to it in accordance Privacy Policy available on the OnceOk Ltd website or on request from OnceOk Ltd.
You agree that, if you have provided OnceOk Ltd with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to OnceOk Ltd and (2) that you have brought to the attention of any such third party the Privacy Notice available on the OnceOk Ltd’s website or otherwise provided a copy of it to the third party. You agree to indemnify OnceOk Ltd in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Disclaimers
OnceOk Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- OnceOk Ltd/www.OnceOk.com makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this website.
- No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
- No part of this website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this website and product and / or service details are provided for information purposes only.
- Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from OnceOk Ltd/www.OnceOk.com correspond to the actual products and / or services, OnceOk Ltd/www.OnceOk.com is not responsible for any variations from these descriptions.
- OnceOk Ltd/www.OnceOk.com does not represent or warrant that such products and / or services will be available from us or our premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our premises.
- All pricing information on the website is correct at the time of going online. OnceOk Ltd/www.OnceOk.com reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated when due.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
OnceOk Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, OnceOk Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts OnceOk Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of OnceOk Ltd.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
POLICIES
ACCEPTABLE USE POLICY
This policy applies to any reviews, comments or other material that you post to our website.
You must ensure that all of your posts:
- Are accurate and that any opinions you express are genuinely held;
- Comply with the law and do not constitute or assist in any unlawful or criminal activity;
- Do not contain any material which is defamatory, obscene, offensive or sexually explicit;
- Do not contain or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Do not infringe any third party’s intellectual property rights or privacy rights and do not breach any contractual duty or duty of confidence;
- Are not misleading, threatening or harassing to any other person;
- Are not used to impersonate any person, or to misrepresent your identity or affiliation with any person. Your posts must not give the impression that they emanate from us or that we have in any way endorsed or agreed with them;
- Do not contain references to any other websites, addresses, email addresses, contact information or telephone numbers.
You must not post any material to our website that contains any viruses, worms or other potentially damaging computer program or files.
For any content that you post to our website, you grant to us a free, nonexclusive, worldwide, and unlimited right for us to use, copy, publish, delete and distribute such content in order to provide the interactive services on our website, including as described in our privacy policy. This right shall continue indefinitely and may not be withdrawn or terminated by you. We may transfer this right and sub-licence it at our discretion (for example to our partners and suppliers so we can provide our interactive online services).
Once you post something to our website, we will generally review it as soon as possible.
Please be aware that once you post something to our website, it will not be subject to any duty of confidence on our part and may be viewed at any time by the public accessing our website. We cannot guarantee that we can delete or amend your post once you have submitted it to us.
By posting something on our website, you agree that we may use your email address to contact you about your post, or for administrative purposes.
Removal of Reviews, Suspension and Termination
We may, at our sole discretion, either temporarily or permanently remove, amend or refuse to publish your post for any reason. If we think that you have breached this policy, we may also take all or any of the following actions:
- We may temporarily or permanently prevent you from using our website;
- We may issue a warning to you;
- We may take legal action against you (and may seek reimbursement of any and all losses, damages, liabilities, expenses and costs incurred by us as a result of your breach of this policy on an indemnity (pound for pound) basis; and/or
- We may disclose such information to law enforcement authorities as we feel is necessary.
Changes
We may change this acceptable use policy at any time by amending this page. You should check this page from time to time and take notice of any changes that we make as they are legally binding on you.
If you have any questions or comments about this policy, please contact us at info@OnceOk.com
How we may use your personal information: We will only use your personal information as set out in our Privacy Policy.
TERMS AND CONDITIONS OF PURCHASE
These terms and conditions shall supersede all previous terms and conditions existing between OnceOk Limited (“The Company”) and the supplier (“the Supplier”) and shall take precedence over terms and general conditions of sale otherwise used by the Supplier. These Terms and Conditions shall apply as the complete and exclusive terms of each contract, and no variation from the Supplier contained in any documents from the Supplier including but not limited to any letter, receipt acknowledgement, or other form shall be effective unless expressly agreed by the Company in writing.
- LEGAL PRICE
The Supplier warrants that prices, either original or after review, are in accordance with legal price regulations prevailing in the country of the Supplier.
- PRICING
2.1 Prices for products (“Products”) or services (“Services”) rendered to the Company shall not be payable by the Company unless they have been ordered under the official number on the printed Purchase order form (“Purchase Order”), which form must be signed by an approved signatory as determined by the Company.
2.2 Such prices are fixed and non-revisable.
2.3 Unless otherwise agreed the price for all Products includes delivery to the Company as well as the cost of packaging used by the Supplier to deliver the Products to the Company.
- PACKAGING
Each and every box, package, bundle, reel or other container used by the Supplier to deliver the Products must be labelled with the Company’s order number, product code number, description, date, supplier code number and the quantity of contents. This information must also be shown on any advice note and any other relevant documentation, such as Certificate of Conformity, which must accompany the Product. All Products must be packed in accordance with any instructions given by the Company to the Supplier and, in any event, in such a manner as to reach the Company in perfect and usable condition.
- ASSIGNMENT
The Supplier shall not, without the consent in writing of the Company assign, pledge or transfer the Purchase Order or any part thereof to any other person. Any such consent shall not relieve the Supplier of its obligation to comply with the Purchase Order.
- CANCELLATION
The Company reserves the right to cancel the Purchase Order or any part thereof without penalty if the Supplier fails to comply with those terms and conditions of the Purchase Order which are under the control of the Supplier, or fails to make delivery within the time specified, when time is of the essence.
- QUALITY, QUANTITY AND DESCRIPTION
6.1 It is a condition of the Purchase Order that the goods supplied to the Company under the Purchase Order shall be of first class materials and workmanship and must meet the particulars referred to in the Purchase Order as to quantity, quality standards and description. The Company may reject the goods if they fail to conform as to quantity, quality or description with the particulars stated in the Purchase Order.
6.2 If the Supplier has made representations to the Company as to its possession of a quality standard certification (such as British or International standard certification) then the Supplier will immediately inform the Company of a change in or loss of, addition or amendment to such certification.
- INSPECTION
All Products shall be subject to inspection, by the Company and the Company shall have 30 calendar days after proper receipt of the Products purchased to inspect them. The Company reserves the right to reject at any time any of the Products ordered which do not comply with the latest specification or which are not of the best quality or do not reach approved standards of design, material, workmanship or quality or which are not in accordance with the Supplier’s sample (if any). The right of the Company to reject any of the Products supplied shall extend to a right to reject an entire consignment of Products if some or all of the consigned Products are defective or are not to the approved standard, without prejudice to any further remedies by way of damages or otherwise which the Company may have against the Supplier.
- CHANGES
No modifications to the commercial or technical terms and conditions of the Purchase Order, no modification to the ordered goods or services whatsoever will be implemented without a written and signed authorisation. Any modification authorised by the Company and accepted by the Supplier has been placed on the implicit understanding that the change has no impact other than that specified in the authorisation.
- CONFIDENTIALITY
The Supplier undertakes not to disclose to third parties the existence of the Purchase Order or its content, except on a “need-to- know” basis (e.g. sub-contractors). The Supplier will not disclose any of the Company’s proprietary information or documents given in relation to the Purchase Order, except with the prior written agreement of the Company.
- INTELLECTUAL PROPERTY
10.1 By acceptance of the Purchase Order the Supplier warrants and agrees that any articles furnished hereunder and the use thereof do not infringe any third party’s property rights; that he will defend any action that may arise in respect thereof, and that he will indemnify and save harmless the Company against any loss including damages, costs or expenses, including legal fees, which may be incurred by the assertion of any intellectual property rights by other parties.
10.2 Where the Products are made to drawings, specifications, designs or ideas provided by the Company, the copyright, design right or other Intellectual Property in them shall remain the property of the Company. The Supplier shall manufacture such Products exclusively for the Company only and no details or information from such drawing, specifications or designs shall be used on behalf of, or disclosed to, any other person.
- CONTINUING OR HIDDEN DEFECTS LIABILITY
The Supplier will guarantee the Products or Services against continuing or hidden defects.
- CATALOGUE
Any Products featured in the Company’s catalogue which are supplied by the Supplier shall be featured in such format as determined by the Company.
- TERMS OF PAYMENT
Payment terms are 60 days from the end of the month of invoice during which the Products are delivered or Services provided. Products delivered or Services provided after the 25th of the month will be treated as received in the following month.
- RISK AND TITLE
Risk in, and title to, the Products shall pass to the Company upon delivery and the Supplier represents and warrants that the Supplier has title to the goods and is fully qualified to sell such goods.
- WAIVER
A failure on the part of either party in enforcing against the other party any term or condition of the Purchase Order shall not be or deemed to be a waiver or in way prejudice any right of that party under the Purchase Order.
- APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of Scotland.
TERMS AND CONDITIONS OF SALE 2
The Buyers attention is drawn in particular to the provisions of paragraph 7 and paragraph 8.
- SELLER’S CONDITIONS OF SALE APPLY
(a) These are the Terms and Conditions of sale which apply to and govern all sales made by OnceOk Limited (registered in Scotland with company number SC656349, with office at 272 Bath Street, Glasgow, Scotland, G2 4JR and whose VAT number is 252858775) (‘The Seller’) to any person, company or firm who purchases goods from the Seller (‘The Buyer’).
(b) A Contract will be formed between the Seller and the Buyer in accordance with paragraph 2.
(c) By entering into a Contract for the purchase of goods from the Seller, the Buyer accepts and agrees to be bound by these Terms and Conditions. These Terms and Conditions shall apply as the complete and exclusive terms of each Contract to the exclusion of any other terms which are implied by trade, custom, practice or course of dealing, and no variation from the Buyer contained in any documents from the Buyer including but not exhaustively any letter, receipt acknowledgement, or other form shall be effective unless expressly agreed by the Seller in writing.
(d) These Terms and Conditions, and any Contract formed between the Seller and the Buyer, are only in the English language.
- FORMATION OF CONTRACT
(a) All quotations and tenders whether contained in a catalogue, price list or otherwise are not to be considered as an offer by the Seller, and the Seller shall not be bound to sell, until the Seller has communicated acceptance to the Buyer of the Buyer’s order in accordance with this paragraph 2.
(b) Where the Seller is selling via one of its branches, a Contract shall only come into existence when the Seller communicates written acceptance to the Buyer of the Buyer’s order or otherwise performs any act consistent with fulfilling the order.
(c) When the Seller is selling online, a Contract shall only come into existence when the Seller issues the Buyer with an order confirmation by email. The shopping pages on the Seller’s website will guide the Buyer through the steps it needs to take to place an order and the Seller’s order process allows the Buyer to check and amend any errors before submitting its order.
(d) Any quotation given by the Seller shall not constitute an offer for sale or a representation that those goods are available for sale. Any quotation shall only be valid for a period of 30 days from its date of issue.
- PRICES
(a) All prices quoted are calculated from costs available at the date of quotation and are exclusive of VAT.
(b) Subject to paragraph 3(c), all prices quoted are exclusive of delivery charges.
(c) The Seller reserves the right to charge the Buyer a delivery surcharge. The Seller shall notify the Buyer of any applicable surcharges at the time the Contract is formed.
(d) The Seller reserves the right to increase the quoted price if:
(i) there is an increase in any costs payable by the Seller between the date of quotation and dispatch of the goods beyond the reasonable control of the Seller including (without limitation) foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs;
(ii) the Buyer requests to change the delivery date(s), quantities or types of goods ordered, or the specification for the goods; or
(iii) there is a delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate or accurate information or instructions.
(e) Where prices are quoted online, the prices of the goods will be as quoted on the Seller’s website at the time the Buyer submits its order. The Seller takes all reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system, however it is always possible that some of the goods may be incorrectly priced. If the pricing error is obvious and unmistakeable and could have reasonably been recognised as a mispricing, the Seller does not have to provide the goods to the Buyer at the incorrect price.
(f) On printed orders the price confirmed is exclusive of artwork and printing which may be charged separately.
- DELIVERY
(a) Unless otherwise and previously agreed in writing (on each occasion) between the Seller and Buyer, acceptance by the Buyer of goods which have been ordered shall occur upon delivery, or attempted delivery, to the Buyer.
(b) If the Buyer fails to take delivery at the time specified in the Contract the Seller shall be entitled without prejudice to any other rights it may have to either treat the Contract as at an end and resell the goods and/or invoice the Buyer for the goods at which point payment in full shall immediately become due and payable.
(c) For goods which are contracted for delivery by instalment, late delivery of an instalment shall not entitle the Buyer to reject any other instalment under the same Contract.
(d) Any date of delivery given by the Seller to the Buyer shall be an estimate date only and while the Seller will endeavour to comply with any such date, the Seller shall not be responsible for late delivery and time of delivery shall not be of the essence of the Contract
(e) Without prejudice to the generality of the forgoing, the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Seller.
- STOCK AGREEMENTS
At the Seller’s option, the Seller may enter into a Rolling Stock or Stock Holding Agreement (‘Stock Agreement’) with the Buyer and any additional terms and conditions contained in such Stock Agreement shall be incorporated into the Contract. In the event of any inconsistency between these Terms and Conditions and any Stock Agreement, these Terms and Conditions shall prevail to the extent of any inconsistency.
- RISK AND TITLE
(a) All goods are at the Buyer’s risk from the time that delivery, or attempted delivery, takes place at the location stipulated in the Contract.
(b) Goods shall remain the sole and absolute property of the Seller as legal and equitable owner of the goods until payment for the goods due under the Contract and payment of all other sums due to the Seller from the Buyer have been received in full by the Seller.
(c) Where payment is made by cheque the Seller shall be treated as not having received payment until that cheque has been honoured and the amount credited to the bank account of the Seller.
(d) Until the property in the goods passes to the Buyer, in accordance with paragraph 6(b), the Buyer shall:
(i) store separately and mark the goods so that they are readily identifiable as the property of the Seller;
(ii) hold the goods as agent for the Seller;
(iii) not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
(iv) maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
(e) The Seller shall be entitled to serve notice on the Buyer indicating its intention to retake possession of the Seller’s goods if the Buyer is in breach of the payment terms under the Contract or if the Seller reasonably considers that its property is in jeopardy or the Buyer becomes (or the Seller reasonably believes the Buyer is about to become) subject to any of the events listed in paragraph 11(iii). On receipt of such notice from the Seller, the goods shall be immediately delivered to the Seller, and/or the Seller by its employees or agents shall have the right (without trespass) to enter upon any land, building or vehicles of the Buyer to take possession of the goods.
(f) On termination of the Contract, howsoever caused, the Seller’s (but not the Buyer’s) rights contained in this paragraph 6 shall remain in effect.
- BUYER’S WARRANTY
(a) The Buyers warrants that it has the legal authority to purchase goods from the Seller.
(b) It will use the products in accordance with stipulate use, and the Seller will not be held liable for any consequences arising from misuse of the products.
- LIMITATION OF SELLER’S LIABILITY
(a) Subject to paragraph 17, in any case where it is established to the satisfaction of the Seller that there has been a short delivery, or a failure to deliver the goods to their destination or that the goods have been damaged (whether wholly or in part) prior to delivery, the Seller will (at its option) replace or repair the goods, or refund the price of the goods provided that:-
(i) any complaint by the Buyer of short delivery of or damage to the goods must be notified in writing to the Seller immediately upon delivery of the goods;
(ii) any complaint by the Buyer of failure to deliver must be notified within 10 days of the receipt by the Buyer of the invoice or advice of dispatch whichever is the earlier.
(b) Except in the case of any goods (or part of the goods) which are manufactured by a third party and where the provisions of paragraph 8(e) shall apply, the Seller warrants that any goods supplied will at the time of delivery and for a period of 1 month from the date of delivery:
(i) be of satisfactory quality; and
(ii) correspond in all material respects with the description of the goods in the Contract. The Buyer acknowledges and agrees that due to technology changes and/or improvements to manufacturing processes, less product weight and/or thickness will be required to attain the same performance standards of the goods. Accordingly, any reference to weight and/or thickness of the goods set out in the Contract is indicative only and the Seller shall not be deemed to be in breach of this clause if the weight and/or thickness of goods supplied does not correspond exactly with that stated in the Contract provided that the goods achieve the same performance standard.
(c) If the goods fail to comply with the warranty set out in paragraph 8(b), provided the Buyer has paid for the goods in full, the Seller shall:
(i) replace the goods without further charge; or
(ii) accept the return of the goods and credit the Buyer with the price of the goods, or
(iii) make the Buyer an allowance being the difference between the value of the goods at the time of the complaint by the Buyer and the invoice price provided that any complaint by the Buyer shall have been notified in writing to the Seller immediately upon delivery.
(d) The Seller shall not be liable for the goods failure to comply with the warranty set out in paragraph 8(b) if:
(i) the defect arises because the Buyer failed to follow the Seller’s oral or written instructions as to the storage, use and maintenance of the goods or (if there are none) good trade practice regarding the same;
(ii) the defect arises as a result of the Seller following any drawing, design or specification supplied by the Buyer;
(iii) the Buyer alters or repairs the goods without the written consent of the Seller;
(iv) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(v) the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
(e) In the case of goods (or any part of goods) which are manufactured by a third party, the Seller shall use its reasonable endeavours to pass on to the Buyer the benefit of any express guarantee or warranty received by the Seller from the manufacturer or supplier of the goods (or part of goods).
(f) Where the goods are required for a purpose other than the normal or usual purpose for which such goods are commonly supplied then no condition or warranty or fitness for the purpose of goods shall be implied unless the Buyer has made known to the Seller in writing the exact purpose for which the goods are intended to be used, and the Seller has expressly acknowledged in writing to the Buyer prior to the date the Contract is formed, that the goods are suitable for such purpose.
(g) Except as set out in the Contract, any other implied term, condition or warranty, statutory or otherwise, as to the quality of the goods sold or their fitness for any particular purpose or as to their correspondence with any description or sample is excluded to the fullest extent permitted by law.
(h) The Seller shall not be bound by any statement, warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in the Contract and the Buyer expressly acknowledges and agrees that it has not relied on any statement, warranty or representation which is not incorporated in the Contract.
(i) Subject to paragraph 8(k) The Seller shall be under no liability if the goods are not paid for by the due date.
(j) Subject to paragraph 8(k)the Seller’s total liability in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the value of the goods.
(k) Nothing in the Contract shall limit or exclude the Seller’s liability for other liability that cannot be excluded by law.
- CONSEQUENTIAL LOSS
Subject to paragraph 8(k) the Seller shall not in any event be liable to the Buyer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.
- TIME OF PAYMENT
(a) Unless otherwise agreed in writing by the Seller, where the Buyer has an existing and valid credit account with the Seller, all invoices shall be paid in full by the Buyer by the last day of the month after the month of delivery.
(b) Where the Buyer does not have an existing and/or valid credit account with the Seller, all invoices shall be paid by the Buyer at the point the Contract is formed in accordance with paragraph 2.
(c) Time of payment shall be of the essence of the Contract. If the Buyer is in default the Seller may:
(i) suspend further deliveries of any goods under the Contract, or any other contracts with the Buyer; and/or
(ii) charge interest at the rate 6% per annum over the base rate published from time to time by Bank of England on any overdue account from the day following that on which payment was due until payment by way of cleared funds has been received in full.
(d) The Buyer shall pay all amounts in full without any setoff, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
(e) The Seller shall have the right to charge the Buyer for any and all reasonable legal costs incurred by the Seller arising out of or in connection with the Seller recovering its debts from, or otherwise enforcing its rights against, the Buyer. Nothing in this paragraph 10(a) shall prejudice any statutory right that the Seller may have to charge interest on such debts owing.
- RIGHT OF TERMINATION
(a) The Seller shall have the option (without prejudice to any of its other rights against the Buyer) by notice in writing to the Buyer to terminate any Contract between the Seller and the Buyer or to suspend delivery in the following events: –
(i) if any sum owing by the Buyer to the Seller is overdue whether for the same or any other Contract; and/or
(ii) if the Buyer is in breach of any term of the same or any other Contract with the Seller; and/or
(iii) if the Buyer enters into any composition or arrangement with or for the benefit of its creditors, or has a receiving order in bankruptcy made against him or (if a corporate body) goes into liquidation either voluntary or compulsory or under supervision or has a receiver appointed over all or any of its assets or if the Buyer threatens to cease trading.
(b) The Buyer shall have no right to cancel an order or terminate the Contract except where the Seller has given its consent in writing. In such circumstances, the Seller reserves the right to charge the Buyer a restocking fee equivalent to 15% of the value of the Contract.
- WAIVER
No failure or delay by the Seller to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- FORCE MAJEURE
The Seller shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of the Seller.
- CONTACT WITH DELICATE SUBSTANCES
Where the goods supplied consist of articles intended for use in connection with any food, drug or substance of a volatile, delicate or fragile nature, the Buyer shall satisfy himself that such food, drug or other substance is not or is not likely to be affected by the goods supplied by the Seller. The Seller shall not be liable to the Buyer in respect of any claim alleging that such food, drug or other substance has been adversely affected and the Buyer shall indemnify and keep indemnified the Seller from and against all liability by third parties in respect of any claim that any such food, drug or other substance has been adversely affected and caused the third party loss damage or expense.
- INTELLECTUAL PROPERTY
The Buyer shall indemnify the Seller against all liabilities, costs, expenses, damages and losses suffered or incurred by the Seller in connection with any claim made against the Seller for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Seller’s use of the Buyer’s designs, plans or specifications. This paragraph 15 shall survive termination of the Contract.
- SIZE AND DESCRIPTIVE MATTER
(a) Unless specific warranties in writing are provided by the Seller, all sizes referred to on any price lists, estimates or brochures are approximate only.
(b) Any samples, drawings, descriptive matter, or advertising produced by the Seller and any descriptions or illustrations contained in the Seller’s catalogues or brochures or reproduced on the Seller’s website are produced for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the Contract or have any contractual force.
- QUANTITY
The Seller cannot guarantee exact quantities in respect of any goods supplied and shall be deemed to have fulfilled its obligation under the Contract by delivery or manufacture of a quantity plus or minus ten percent of the quantity specified in the Contract and the Buyer shall pay the contract rate for the actual quantity delivered.
- DESIGNS
Designs originated by the Seller remain the Seller’s intellectual property unless expressly assigned to the Buyer in writing by the Seller.
- PROOF READING
No responsibility or liability shall be accepted by the Seller for any errors in proof approved by the Buyer.
- ALTERATION
Any alterations from the original product specifications on or after the first approval by the Buyer, may be subject to any additional charge.
- PALLETS
Where palletised deliveries are requested or necessary, pallets may be charged extra. Pallets may be subsequently returned at the Buyer’s expense and risk, and provided they are returned in the same condition as delivered, the cost of the pallets (but not the delivery cost) will be credited to the Buyer at the price originally charged.
- DIMENSIONS AND GAUGE
Except where agreed in writing the Seller shall be deemed to have fulfilled its obligations under the Contract by producing goods within the tolerances as follows: In general dimensions will be controlled to within plus or minus 10% and film gauge to within plus or minus 10%.
- MATERIAL PROPERTIES
Whilst the Seller will take all reasonable steps to try to match colours, clarity, haze and slip specifications, this cannot be guaranteed and the Contract shall be deemed to have been performed by delivery of goods of the general shade, density of colour and the general clarity, haze and slip stipulated.
- OTHER MATERIALS
See clause 23.
- DISPUTE RESOLUTION PROCEDURE
(a) If a dispute arises out of or in connection with the Contract or the performance, validity or enforceability of it (Dispute) then:
(i) either party shall give to the other party written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, representatives of each party with authority to settle the Dispute shall attempt in good faith to resolve the Dispute;
(ii) if the representatives of each party are for any reason unable to resolve the Dispute within 14 days of service of the Dispute Notice, the Dispute shall be referred to directors (or equivalent) of each party who shall attempt in good faith to resolve it; and
(iii) if the directors (or equivalent) of each party are for any reason unable to resolve the Dispute within 14 days of it being referred to them, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator shall be nominated by CEDR Solve. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR Solve. The mediation will start not later than 30 days after the date of the ADR notice.
(b) Notwithstanding clause 25(a), the Seller shall at any time at its sole option have the right to refer any Dispute to any court with competent jurisdiction, which courts shall have exclusive jurisdiction in relation to the Dispute, in accordance with clause 26.
- LAW
The Contract is governed by, and is to be construed in accordance with, Scottish Law and the Seller and the Buyer irrevocably submit to the exclusive jurisdiction of the Scottish Courts.
- THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from the Contract.
- MISCELLANEOUS
(a) The Buyer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the Seller’s prior written consent.
(b) Notices shall be deemed to have been duly given if sent by pre-paid first class post, fax or email transmission (confirmed by pre-paid first class post) or personal delivery. Notices given by post shall be deemed to have been given 2 business days after dispatch and notices given by fax or email transmission or personal delivery on the date of transmission or delivery.
(c) If any provision or part of any provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part of any provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.