Thank you for visiting www.opika.co.uk (hereinafter referred to as “the Site”). Please read the following information carefully before using the site. By using this site you are agreeing to be governed by these terms and conditions, the confidentiality rules and online selling conditions when you make a purchase. Opika reserves the right to modify or make changes to the terms and conditions, notably, in line with any revised legislation. Please read the terms and conditions from time to time to ensure that you are aware of any changes. Your continued use of our site implies that you agree to accept these changes. Please be aware that if you are under 18, you must let your parent or guardian know about Opika’s Privacy Policy and Terms and Conditions and gain their consent before registering or placing an order with Opika.
The purchase of merchandise through the OPIKA website ("the Site") is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, customers must provide information about themselves that is true, accurate, current and complete to include their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals and others who meet the OPIKA terms of eligibility, who have been issued a valid credit card by a bank acceptable to OPIKA, whose applications are acceptable to OPIKA and who have authorised OPIKA to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Purchases made on the Site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. OPIKA reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where OPIKA feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
All orders are subject to acceptance and availability. All communications including advertisements made by OPIKA and all information on this Site are invitations to treat only and are not offers or unilateral contracts.
The Site displays products that form part of its collection. They are normally products that are in stock and available for dispatch from our distribution centre. Occasionally, however, we may be waiting for shipments from our suppliers or the product may have sold out. If this is the case, you may be given the possibility of making an Advance Payment/Order for certain items in which case you are able to make an Advance Purchase/Order. Your rights regarding Advance Purchase/Order are the same as those for any other purchase at OPIKA. Alternatively, simply choose to register your email address for notification of arrival of the selected merchandise on completion of production.
Please note that items received into stock may be pre-allocated to satisfy Advance Payment orders. Customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery.
Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that the merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period. Should this be the case, you can contact OPIKA (Contact Us) and we will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment details.
Prices shown on the Site are in GBP Sterling and are inclusive of all taxes if appropriate. All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honoured. You will also incur carriage costs. If you are buying from outside the UK, you may also incur duties levied by the jurisdiction to which you have specified delivery. Please refer to the sections on Shipping Rates and Policies.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.
Unless you cancel your order in accordance with our Cancellation Policy below, acceptance of your order and completion of the contract between you and OPIKA will be perfected when we despatch the goods to you. The sale contract is therefore concluded in England and the language of the contract is English. The contract will be subject to these terms and conditions and governed by English law and you agree to submit to the non-exclusive jurisdiction of the English courts in respect of any dispute that may arise under it.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn or that you do not meet the eligibility criteria set-out above.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa,Master Card, Maestro, Delta, Solo, JCB and Switch credit and debit cards. Payment will be debited and cleared from your account upon receipt of your order by OPIKA. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to OPIKA, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this Site are processed using Streamline, a secure online payment gateway that encrypts your card details in a secure host environment. OPIKA does not hold your credit card details on the website or our customer database.
To help ensure that your shopping experience is safe, simple and secure the Site uses Secure Socket Layer (SSL) technology. This encrypts and protects the data you send to us over the internet. If SSL is enabled then you will see a padlock at the bottom of your browser and you can click on this to find out information about the SSL digital certificate registration.
Furthermore, 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 Site.
Further information about security measures employed on the Site is contained in our Security Policy.
OPIKA insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered, at which point responsibility for your purchased goods passes to you.
You can check the current status of your order by signing into your account and selecting ORDER STATUS. Simply type in your unique order number we will have emailed to you and we will track your order/shipment for you.
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights, all brand names, names of lines, designs, models of items that appear on the web site or in the domain name are the exclusive property of OPIKA. All intellectual property rights associated with items created in association with the ‘custom made’ or ‘bespoke’ options are and will remain the property of OPIKA. Any utilisation, reproduction, even partial, of the designs, models, brand names and names of lines is totally prohibited.
You are permitted to use the Content only as expressly authorised by OPIKA. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. OPIKA tries to ensure that the information on this site is accurate and complete. OPIKA does not warrant or represent that OPIKA's Content is accurate, error-free or reliable or that your use of OPIKA's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. OPIKA does not warrant that the functional aspects of the Web Site or OPIKA's Content will be error free or that this Web Site, OPIKA Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or OPIKA's Content results in the need for servicing or replacing property, material, equipment or data, OPIKA is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. OPIKA and its suppliers make no warranties about OPIKA Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. OPIKA reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that OPIKA is not liable to you or any third party for any such withdrawal.
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms & Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
We may include hyperlinks on this Site to other websites or resources operated by parties other than OPIKA, including other stockists and advertisers. OPIKA has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While OPIKA will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
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 available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms & Conditions shall limit your rights as a consumer under English law.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms & Conditions.
At our request, you agree fully to defend, indemnify and hold harmless OPIKA immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms & Conditions by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and OPIKA as a result of the Terms & Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of OPIKA, and we shall not be liable for any representation, act, or omission on your part.
The Terms & Conditions (as amended from time to time) constitutes the entire agreement between you and OPIKA regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and OPIKA in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the Terms & Conditions, the Terms & Conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms & Conditions. You confirm that, in agreeing to accept the Terms & Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms & Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the Terms & Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the Terms & Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
The Terms & Conditions together with all our policies and procedures will 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.
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