OmniPeace UK Web Store

Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY! THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE.

These terms and conditions ("Agreement") apply to your purchase of products ("Product") sold in the United Kingdom by SelfServe (UK) Limited ("SelfServe") or by OmniPeace UK via the OmniPeace UK web store named on the invoice or acknowledgement provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement you must notify SelfServe or OmniPeace UK immediately and return your purchase pursuant to the Return Policy. If returned, Product(s) must remain in the boxes or packaging in which they were shipped.

Payment Terms and Orders:

Terms of payment are within SelfServe's or OmniPeace UK's sole discretion and, unless otherwise agreed to by SelfServe or OmniPeace UK, payment must be received by SelfServe or OmniPeace UK prior to SelfServe's or OmniPeace UK acceptance of an order. Payment for the products will be made by credit card or by eCheck or by PayPal account. Your order is subject to cancellation by SelfServe or OmniPeace UK at SelfServe's or OmniPeace UK's sole discretion. Neither SelfServe nor OmniPeace UK is responsible for pricing, typographical or other errors in any offer by SelfServe or OmniPeace UK and the right to cancel any orders resulting from such errors is reserved.

Shipping, Shipping Charges, Taxes, Title and Risk of Loss:

Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from SelfServe or OmniPeace UK to Customer on shipment from SelfServe's or OmniPeace UK's facility or directly from SelfServe's or OmniPeace UK's suppliers (drop shipment).  Neither SelfServe nor OmniPeace UK nor its suppliers will be liable for any delay in the delivery of goods or damages incurred during shipping.  All claims for damaged goods must to be made with the carrier for your shipment. You must notify SelfServe or OmniPeace UK within 72 hours of receipt of Product if you believe any part of your purchase is missing or wrong. Returns will only be accepted by SelfServe or OmniPeace UK if SelfServe or OmniPeace UK has previously issued a Return Authorization Number (RAN). For Products shipped to the United Kingdom and Europe unless you provide OmniPeace UK with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes and/or duties associated with the order.  For Product shipped to countries other than the United Kingdom and Europe you are responsible for import, sales and other taxes and/or duties associated with the order. Shipping dates are estimates only.

Claims and Returns

Absolutely no returns will be accepted or credit issued without prior authorization and a copy of the original invoice enclosed in the return or Return Authorization Number (RAN) provided by Customer Service clearly marked on the returned package.  All claims must be made within 72 hours of receipt of the Product.  No returns will be accepted on custom and decorated Product (including screen printed and embroidered Product) or washed merchandise.  SelfServe and OmniPeace UK cannot accept responsibility for mistakes or errors on orders placed through web stores operated by SelfServe.  You must check and inspect all orders for accuracy prior to confirming them through the web stores and completing the order process.  The order process is complete once you receive a combined order acknowledgement and invoice by email.

UK Distance Selling Regulations

Under the UK Distance Selling Regulations the cooling off period and right to cancel do not apply to contracts for goods made to the customer’s specification.  All goods sold through the web stores operated by SelfServe are made to order including screen printed and embroidered products (decorated products).  The UK Distance Selling regulations cooling off period does not apply to any decorated product bought through any SelfServe web store.  This does not affect your statutory rights under the UK Sale of Goods Act.


Limitation of Liability:

NEITHER SELFSERVE NOR OMNIPEACE UK ACCEPTS LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER SELFSERVE NOR OMNIPEACE UK WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, NEITHER SELFSERVE NOR OMNIPEACE UK IS LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Force Majeure:

If SelfServe or OmniPeace UK is hindered or prevented (whether temporarily or permanently) from procuring supplies to enable it to supply products or if such supply is prevented or hindered by reason, without limitation, of Act of God, war, Act of Federal, State or Country Government, or orders, regulations or bye laws made under statutory authority, labor disputes including SelfServe or OmniPeace UK labor force, interruption of power supply, failure of sources of supply, interference by a third party, civil commotion, fire, flood or other natural disaster, or any causes of whatever kind and whenever occurring being a cause beyond the SelfServe or OmniPeace UK control, (circumstances of Force Majeure), then SelfServe or OmniPeace UK may cancel performance of the contract for as long as and to the extent that the prevention or hindrance may last and such cancellation shall not give rise to any claims by the Customer, and the Customer shall remain liable to pay for the product or products ordered prior to the date of such cancellation.

Applicable Law and Governing Law:

You agree to comply with all applicable laws and regulations of the United Kingdom. You agree and represent that you are buying only for your own use only and not for resale. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND SELFSERVE AND OMNIPEACE UK arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, SelfServe's or OmniPeace UK's advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF UNITED KINGDOM. WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

Other Documents:

This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and SelfServe or OmniPeace UK. If you do not receive an invoice or acknowledgement via e-mail, information about your purchase may be obtained by logging into your account on the OmniPeace UK web store.

Binding Arbitration:

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND SELFSERVE AND OMNIPEACE UK, their agents, employees, principals, successors, assigns, affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), SelfServe's or OmniPeace UK's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be limited solely to the dispute or controversy between customer and SelfServe or OmniPeace UK. NEITHER CUSTOMER NOR SELFSERVE NOR OMNIPEACE UK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. SelfServe will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and lawyers' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party lawyers' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards provided by law.

Headings:

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions of sale and no construction or inference shall be derived there from.