This page (together with the documents/web pages referred to on it) tells you the terms and conditions on which we supply all of the "Products" listed on our website www.obagonline.com ("our Site") to you.
Please read these terms and conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
These Terms and Conditions were last updated 15th March 2016.
1. Information about Us
O BAG ONLINE ("us", "our" or "we") is a trading name of JComm Limited registered in England and Wales number 09878439. Our registered office is Unit 30 Monkspath Business Park, Shirley, Solihull, West Midlands, ENGLAND B90 4NZ. Our UK VAT number is GB-233773110.
2. Your Status
By placing an order through our Site you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
3. How the Contract is formed between You and Us
3.1 After placing an order you will receive an email from us acknowledging that we have received your order.
Please note that this does not mean that your order has been accepted. Your order constitutes an offer to contract with us to buy the Products.
All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the "Despatch Confirmation" or "Shipping Confirmation").
The contract between us ("Contract") will only be formed when we send you the Despatch/Shipping Confirmation.
The Contract is made by you with JComm Limited in relation to the supply of the Products.
3.2 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch/Shipping Confirmation.
We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch/Shipping Confirmation.
3.3 We reserve the right to refuse any order placed.
3.4 Items are supplied on the understanding that they will not be used for commercial resale.
3.5 We observe a policy of zero tolerance towards abusive correspondence of whatever nature directed at our staff and operatives.
4. Product Colouring, Detailing and Condition
4.1 Some of our product's colour shades, detailing, patterns and textures may vary slightly from batch to batch received from our factory and therefore the actual product you receive may differ slightly from the representative images displayed on our website. This is not a product fault.
4.2 Also due to the nature of the materials, moulding is not precise so some products may have slightly rough edges, texture variances, surface anomalies and mould remnants, these are not product faults.
5. Availability and Delivery
5.1 Please double-check that the Delivery Address you provide is accurate - see sections 5.8 and 5.9.
5.2 Your order will be processed within 1 to 3 working days, unless there are exceptional circumstances for example seasonal closure of our distribution centre.
5.3 We will contact you if there will be a delay in processing due to Products that you have ordered being out of stock.
5.4 Your order will not be processed nor despatched until correct payment has been received by us.
5.5 Most packages need to be signed for as proof of delivery.
5.6 If no-one is at your delivery address to sign for and accept your package at the time of delivery, the courier may attempt a second delivery or may leave a card with an address where you need to pick the package up from, and a time limit.
Please make sure you collect the package in time, as they may return packages to us if you don't and we reserve the right to ask for a second delivery charge to re-despatch your order to you.
5.7 Any arrangement outside of these conditions is at the customer’s own risk - for example requesting that the courier deliver to a neighbour or leave the package in a certain place and therefore it is not signed for by the customer.
5.8 If the courier cannot deliver to the delivery address you provided on your order because it is an invalid or incorrect address, or no one was at the address to sign for the package, or you do not collect your package from their designated depot, or for whatever reason the courier cannot correctly and contractually deliver, then we cannot be held responsible and if the package is not returned to us for whatever reason you cannot ask for a refund or a replacement from us.
5.9 If packages are returned to us by the courier for whatever reason we reserve the right to ask for a second delivery charge.
Example reasons - due to you providing us with an invalid or incorrect delivery address, or due to non-payment of Import Duties in your delivery country, or due to no-one signing for or collecting the package from the courier.
5.11 If the courier notifies us of a failure to deliver a parcel within a reasonably expected time frame, we will investigate the issue with the courier before considering what action we will take next.
5.12 If your parcel hasn't reached you within 14 working days, please contact us. If the time elapsed between placing your order and you notifying us that you have not yet received it is more than 21 working days, the courier may not be able to track your order and we will be unable to assist with the lost parcel.
5.13 In the event of error in entered delivery information, failure to pay relevant local taxes or failure to accept the delivery an administrative charge together with any delivery charges may be withheld from any eventual refund. Where delivery is refused for any reason the delivery charge and any return delivery charge may also be withheld for the same reasons.
5.14 In the unlikely event that there is an alleged discrepancy of any kind in your order you must contact us within 48 HOURS of the delivery. In order for us to investigate any alleged claim please keep all packaging and proof of delivery as we may also request a photograph of the total delivery and packaging.
6. Risk and Title
6.1 The Products will be at your risk from the time of delivery to you.
6.2 Ownership of the Products will only pass to you when we have received the full payment of all sums due in respect of the Products, including delivery charges.
7. Price and Payment
7.1 The price of all Products are displayed on our Site, except in cases of obvious error.
7.2 Product prices are both displayed and charged in £GBP. These prices both exclude and include VAT but exclude delivery costs unless expressly stated on the Site in relation to particular Products or promotions.
7.3 The Delivery Charge will be calculated and shown to you on the CHECKOUT page once you enter a delivery address and prior to placing an order.
7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation. If prices increase prior to your Despatch Confirmation we will contact you for instructions before despatching the Product.
7.5 Our Site contains a large number of Products and it is possible that despite our best efforts some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that where a Product's correct price is less than our stated price we will charge the lower amount when despatching the Product to you.
If a Product’s correct price is higher than the price stated on our Site we will contact you for instructions before despatching the Product.
7.6 We are under no obligation to provide Products to you at the incorrect (lower) price even after we have sent you a Despatch Confirmation if the pricing error is obvious or should otherwise have reasonably been recognised by you as a mispricing.
7.7 Payment for all Products must be by Debit or Credit card, by PayPal or by an unused and valid Gift Certificate balance. Your credit or debit card or PayPal account will be charged between the time when you place your order and when the Products are despatched.
8. VAT (European Sales Tax)
VAT (SALES TAX) IS ONLY CHARGED IF DELIVERY IS TO A EUROPEAN EC FISCAL (VAT) AREA COUNTRY.
IF DELIVERY IS TO A COUNTRY OUTSIDE THE EUROPEAN EC FISCAL (VAT) AREA you will only be charged our EX-VAT prices and an Import Duty may apply instead in some countries.
You need to complete your delivery address before we can determine whether VAT should be charged or not and to calculate the shipping charge.
9. Import Duties
9.1 IF DELIVERY IS TO A COUNTRY OUTSIDE THE EUROPEAN EC FISCAL (VAT) AREA you may be charged an 'import duty / tax' in your destination country.
9.2 We have no control over import duties, taxes and thresholds, which vary from country to country; you may wish to contact your local customs office for clarification. We include appropriate customs documents where needed.
9.3 For example, deliveries to The USA are NOT liable for Import Duty or Taxes if the value of goods plus the shipping charge is BELOW a total of $800.
9.4 In some cases if you do NOT pay the Import Duty the Courier may not be able to complete the delivery and if the package is then returned to us by the Courier we will not provide a refund, but we can resend your package if you pay us a second delivery charge.
10. Our Refunds and Exchanges Policy
10.1 We want you to be happy with your purchase. If you're not, you may be able to return the purchase for an exchange item or a refund BUT ONLY IN ACCORDANCE WITH THE TERMS STATED IN OUR RETURNS POLICY HERE.
10.2 IMPORTANT: Under the EU Consumer Rights Directive, online customers who have taken delivery of Products other than those marked as 'bespoke' within the European Union, European Economic Area and Switzerland have consumer rights that may entitle them should they wish to, to request an exchange, or return and refund, as long as they submit an ENQUIRY TICKET WITHIN 14 CALENDAR DAYS OF RECEIVING THE PURCHASE, Once you are authorised to return the product THIS MUST BE DONE WITHIN 14 DAYS of that authorisation. Please take into account any seasonal closure of our distribution centre. Products marked as 'bespoke' are classed as customised and therefore are exempt from the Directive and not eligible for exchange or refund.
10.3 IMPORTANT: If delivery was to a country OUTSIDE of the European Union, European Economic Area and Switzerland - YOU ARE NOT COVERED by consumer rights regulations, and have no cancellation rights for refunds or exchanges once we have already despatched your purchases.
10.4 It is not our responsibility to check the suitability and compatibility of products you have ordered. It is your responsibility to read and understand our product titles and descriptions so that you do not order unsuitable and incompatible products. If you do order incompatible products having ignored the product titles, descriptions and this warning, you must submit a ENQUIRY TICKET as soon as possible and abide by our RETURNS POLICY AND PROCEDURES HERE no later than 14 calendar days of receipt of the Product to discuss a RETURN AND EXCHANGE.
10.5 If you are sent the WRONG PRODUCT in error you must submit a ENQUIRY TICKET as soon as possible and abide by our RETURNS POLICY AND PROCEDURES HERE no later than 14 calendar days of receipt of the Product to discuss a RETURN AND EXCHANGE.
10.6 GIFT CERTIFICATES - Products paid for using our Gift Certificates cannot be returned for a refund of the cash equivalent, however they can be exchanged for an alternative colour/size if delivery is within the European Union AND if we receive an exchange request via an ENQUIRY TICKET within 14 calendar days of receipt of the Products.
15.1 The liability of JComm Limited in connection with any Product purchased is strictly limited to the purchase price of that Product.
15.2 Neither JComm Limited nor O BAG ONLINE accepts any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing limitations do not apply to any liabilities which may not lawfully be excluded or limited including any liability for death or personal injury resulting from our negligence.
15.3 We will not be liable to you where we are unable to fulfil any of our obligations to you as a result of circumstances beyond our control.
16. Law and Jurisdiction
The place of sale for all transactions conducted on this website is England. All Contracts made with us for the purchase of Products will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.