Terms and Conditions

Before you place an order, if you have any questions relating to these terms and conditions please contact Omersa on +44 (0)1507 201430.

Definitions

‘Conditions’ means these terms and conditions. ‘Product’ means a product displayed for sale on the Website. ‘Website’ means the website located at www.omersa.co.uk or any subsequent URL.

Use of the Website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and complete and that you will notify us of any changes.

Indemnity

You agree fully to indemnify, defend and hold us, our officers, directors, employees, agents and suppliers, harmless from and against all claims, liability, damages, losses, costs and expenses, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your account or personal information.

Our rights

We reserve the right to:

• Modify or withdraw this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
• Change the Conditions from time to time, and your continued use of the website or any part of it following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.

Purchase of Products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

Contract creation

The technical steps required to create the contract between you and us are as follows:

• You place the order for your products on the website by completing the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
• We will send you an order acknowledgement e-mail detailing the products you have ordered. This is not an order confirmation or order acceptance from Omersa and Company Ltd.
• When your order is dispatched from our workshop we will send you a dispatch confirmation e-mail.
• Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products.

The contract will be concluded in English.

Contract cancellation under the Consumer Contracts Regulations (‘CCR’)

You are entitled to cancel this contract under the CCR if you wish, provided that you exercise your right and notify us in writing or other durable medium (eg fax or e-mail) no longer than 14 working days after placing the order. You will be reimbursed for the whole cost of the order less the cost of credit card commission.

Where the contract has been fulfilled and the goods dispatched, the Products must be returned within the following 14 days to our workshop. You will be reimbursed for the cost of the Product excluding credit card commission and delivery charges within a further 14 day period. Please retain proof of  return postage.

Please note that you do not have a right to cancel this contract under the CCR if you are contracting as a business, or if you have previously inspected the Products. Furthermore,your right to return Products does NOT apply to goods made with alterations to our normal specification.

Refund policy

Please note it is important the Product is returned in fully resaleable condition for a refund to be given – so please package carefully and preferably in the original packaging.

If the Product returned is not in fully resaleable condition, we reserve the right to refuse a refund on the item, or deduct up to 50% of the original selling price from the refund amount. This does not affect your statutory rights.

Refunds can only be made to the original card of purchase. Refunds to a card other than the original can only be processed under the following circumstances:

• The original account no longer exists
• The original account details have expired
• The recipient requires a credit

Delivery charges

We will only refund delivery charges  when a product is faulty or incorrect but not otherwise. We’ll refund the price of the item to the purchaser within 14 working days of receipt or exchange the product if this is a satisfactory solution.

Where the product has been damaged during the delivery process, we will lodge a claim with the delivery agent. The amount refunded will be passed on to the customer within a 14 day period of receipt.  NOTE: the delivery agents use a formula based on weight of the product at a rate per kilo. This value is likely to be significantly less than the original purchase price.

A faulty product is described as not being of satisfactory quality,unfit for purpose and not as described.

Description of Products

We will take all reasonable care to ensure that all details regarding Products appearing on the Website are correct at the time when the information was entered onto the system. Product dimensions are APPROXIMATE despite having been cut from the same pattern. Each piece of leather used behaves differently in terms of stretch and each person assembling the item has a slightly different technique. Product colour may vary slightly too despite using the same colour dye. Although we aim to keep the Website as up to date as possible, the information including Product descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order.

General

Intellectual property

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of information we place on the Website, we make no warranties, whether express or implied, in relation to its accuracy.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

We will not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentation) or otherwise in connection with the Conditions for any economic loss, any loss of goodwill or reputation, or any special or indirect losses arising out of or in connection with the provisions of any matter under the Conditions.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your rights under the CCR.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

Severance

If any part of the Conditions is deemed unlawful, void or otherwise unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. You confirm that, in agreeing to these Conditions, you have not relied on any representation save to the extent that it has expressly been made a term of these Conditions. Your statutory rights are not affected by these Conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

The registered address of Omersa and Company Ltd is
Units 5-6 Premier Court
Richmond Road, Fairfield Industrial Estate
Louth
LN11 0ZR

Privacy

How do we use the information you give us?

In accordance with the Data Protection Act 2018, the information given by you at the time of placing the order is used:

• To administer your account and help process your order.
• To contact you from time to time regarding Omersa products (via post or email).
• We will only contact you by telephone to arrange suitable delivery date or if there is a query regarding your order.

Disclosing information we collect to third parties

Unless it’s necessary for operational reasons (for instance for the delivery of an order) we won’t disclose your details to third parties. We will never disclose your payment details to third parties. We do not sell, rent or exchange customer details for marketing purposes.

Customer consent

By using our website, you consent to the information you provide being processed for any of the above purposes, except where you have chosen to opt out of being contacted by us. If you’d like to unsubscribe at any time please e-mail orders@omersa.co.uk. Please let us know all the email and postal addresses you have given us in the past.

Cookies

Cookies are tiny files of letters and numbers that are stored on your computer when you visit web pages. In light of recent changes to legislation we are keeping our cookie policy under review, but our guiding principle is to treat our customers’ information as we would wish our own to be treated.

We use cookies for the following reasons:

• To ensure that your shopping basket and orders work properly.
• To allow us to recognise and count the number of visitors to our site and to see how visitors move around the site when they’re using it. We don’t store personally identifiable information in the cookies we create, but we do use information gathered from them to improve our website.