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Omega Red The UK Market Leader in Electrical Earthing and Lightning Protection

Website purchasing terms


These Website Terms and Conditions of Supply, our Privacy Policy, Cookies Policy and Terms and Conditions of Website Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.

Please tick the box on the registration page and/or the payment page if you accept these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We reserve the right to amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. If you continue to order Products after changes are posted this constitutes your acceptance of these Terms modified by the posted changes.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US


  • 1.1 We operate the website www.omegaredgroup.com We are Omega Red Group Limited, a company registered in England and Wales under company number 2197902 and with our registered office at Dabell Avenue, Blenheim Industrial Estate, Bulwell, Nottingham, NG6 8WA (the Premises). Our VAT number is 918 5490 96.
  • 1.2 You can email us on enquires@omegaredgroup.com or you can telephone our registered office on 0115 877 6666.

2. OUR PRODUCTS


  • 2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
  • 2.2 Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions, specifications, dimension of goods or measurements contained in our catalogues, brochures or on our Site are produced for the sole purpose of giving an approximate idea of the Products described in them.
  • 2.3 The packaging of the Products may vary from that shown on images on our Site.
  • 2.4 All Products shown on our Site are subject to availability. We will inform you by e-mail or telephone as soon as possible if the Products you have ordered are not available and we will not process your order if made.

3. BUSINESS CUSTOMERS


  • 3.1 You warrant that you have authority to bind any business on whose behalf you use our site to purchase Products.
  • 3.2 Your use of our site is governed by our Terms and Conditions of website use, our Privacy Policy, and our Cookie Policy ,).
  • 3.3 These Terms and our Privacy Policy, Cookies Policy and Terms and Conditions of Website Use constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or our Privacy Policy, Cookies Policy and Terms and Conditions of Website Use.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US


  • 4.1 Our order process allows you to check and amend any errors before submitting your order to us.
  • 4.2 Your order constitutes an offer by you to purchase Products in accordance with these Terms. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
  • 4.3 We will not dispatch your Products or make them available for collection until we have received payment in full (in cleared funds). Once we have received payment in full (in cleared funds) we will confirm that your order is accepted by sending you an e-mail that confirms that the Products have been dispatched, or are available for collection where you have specified in your order that this is your preferred method of delivery (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
  • 4.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 9.5, we will inform you of this by e-mail or telephone and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

5. OUR RIGHT TO VARY THESE TERMS


  • 5.1 We reserve the right to change these Terms at any time by posting changes online. You are responsible for reviewing regularly information posted on our Site to obtain timely notice of such changes. Your continued use of the Site after changes are posted constitutes your acceptance of these Terms as modified by the posted changes.
  • 5.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
  • 5.3 Whenever we revise these Terms in accordance with this clause 5, we will state that these Terms have been amended and confirm the relevant date at the top of this page.

6. DELIVERY


  • 6.1 Where you specify that you will accept delivery by our nominated carrier we will use our reasonable endeavours to supply the Products to the location specified by you when placing your order by the time estimated in our in our Dispatch Confirmation (Estimated Date of Delivery).unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
  • 6.2 Where you specify that you wish to collect the Products from our Premises you must collect the Products within 5 working days of receipt of our Dispatch Confirmation.
  • 6.3 Any dates quoted for delivery are approximate only and the time of the delivery is not of the essence. We will not be liable for delay in delivery of the Products that is caused by an Event Outside Our Control or your failure to supply us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
  • 6.4 Delivery of the Products will be completed as follows:
    • (a) If you have specified that you will accept delivery by our nominated carrier the Products are deemed to be delivered when the Products are collected from our Premises by the carrier; or
    • (b) If you have specified that you will collect the Products from our Premises the Products are deemed delivered when you collect the Products from our Premises.
  • 6.5 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our Premises, in which case, please contact us to rearrange delivery. You will be charged a re-delivery charge which is payable before we re-deliver your Products;
  • 6.6 If you have not taken or accepted delivery of the Products within 8 working days following the day on which we notified you that the Products were ready for collection or delivery, we may resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs we will account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.
  • 6.7 We may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in instalment shall not entitle you to cancel any other instalment.

7. TITLE AND RISK


  • 7.1 The risk in the Products will pass to you on completion of delivery or when we have received payment in full (in cleared funds) whichever is the earlier.
  • 7.2 Title in the Products shall not pass to you until we receive payment in full (in cleared funds) for the Products.
  • 7.3 You will keep the goods insured against all risks for their full price from the date that Title in the Products passes to you

8. INTERNATIONAL DELIVERY


  • 8.1 Unfortunately, we do not take online orders for delivery to addresses outside the UK. If your delivery address is outside the UK please contact us by emailing us at enquiries@omegaredgroup.com or by telephoning us on +44 0115 877 6666 and we will be happy to discuss your requirements further.

9. PRICE OF PRODUCTS AND DELIVERY CHARGES


  • 9.1 The prices of the Products will be as quoted on our site from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 9.5 for what happens in this event.
  • 9.2 We may give notice to you at any time up to 3 working days before delivery that the price of the Products has increased due to:
    • (a) Any factor beyond our control, including, but not limited to , increases in taxes and duties, increases in labour and materials and other supply costs ;
    • (b) any request by you to change the delivery date(s), quantities or types of Products ordered;
    • (c) any delay caused by any of your instructions or your failure to give us adequate or accurate information or instructions.
  • 9.3 The price of a Product excludes VAT (where applicable) which is payable at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
  • 9.4 The price of a Product does not include delivery charges , which you will be required to pay. Our delivery charges are as quoted on our Site from time to time.
  • 9.5 Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you by email of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

10. HOW TO PAY


  • 10.1 You can only pay for Products using our online payment system which is provided by Sagepay Europe Limited .
  • 10.2 Payment for the Products and all applicable delivery charges must be made in full (in cleared funds) in advance.

11. MANUFACTURER GUARANTEES


  • 11.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

12. OUR WARRANTY FOR THE PRODUCTS


  • 12.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from the date of delivery (Warranty Period) , the Products will be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.3.
  • 12.2 Subject to clause 12.3, if:
    • (a) you give us notice in writing during the Warranty Period that some or all of the Products do not comply with the warranty set out in clause 12.1; and
    • (b) we have been given a reasonable opportunity for examining the Products; and
    • (c) if asked to do so you return the Products to our Premises at your expense.
  • We will at our option, repair or replace the defective Products or refund the price of the defective Products in full.
  • 12.3 The warranty in clause 12.1 does not apply to any defect in the Products arising from:
    • (a) fair wear and tear;
    • (b) wilful damage, abnormal storage or working conditions, accident, negligence, misuse or any other interference with the Products by you or by any third party;
    • (c) if you fail to operate or use the Products in accordance with our oral or written instructions as to the storage, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
    • (d) any alteration, modification, or repair by you or by a third party on your behalf;
    • (e) defects in or subsidence to any structure or surface to which the Products are affixed or attached;
    • (f) any specification provided by you;
    • (g) the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
  • 12.4 Except as provided in this clause 12, we will not have any liability to you in respect of the Product’s failure to comply with the warranty set out in clause 12.1.
  • 12.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
  • 12.6 These Terms shall apply to any repaired or replacement Products supplied by us.

13. OUR LIABILITY TO YOU


  • 13.1 We only supply the Products for internal use by your business, and you agree not to use the Products for any re-sale purposes.
  • 13.2 This clause sets out our entire financial liability to you in respect of:
    • (a) any breach of this agreement howsoever arising;
    • (b) any use made by you , or of any product incorporating any of these Products;
    • (c) any representation, tortious act or omission (including negligence) arising under or in connection with this Contract.
  • 13.3 Nothing in these Terms limits or excludes our liability for:
    • (a) death or personal injury caused by our negligence;
    • (b) fraud or fraudulent misrepresentation;
    • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
    • (d) defective products under the Consumer Protection Act 1987.
  • 13.4 Subject to clause 13.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
    • (a) any loss of profits, sales, business, or revenue;
    • (b) loss or corruption of data including but not limited to personal data as defined in section 1 of the Data Protection Act 198, as amended and/or any financial data such as but not limited to bank account, credit and debit card details,, information or software;
    • (c) loss of business opportunity;
    • (d) loss of anticipated savings;
    • (e) loss of goodwill; or
    • (f) any special, indirect or consequential loss.
  • 13.5 Subject to clause 13.3 and clause 13.4 , our total liability to you 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 in no circumstances exceed the price you paid for the Products.
  • 13.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

14. EVENTS OUTSIDE OUR CONTROL


  • 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
  • 14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, acts of God, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, adverse weather conditions. or failure of public or private telecommunications networks, or failure of power supply or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or failure of any sub contractors or suppliers (including carriers) or inability to procure parts or materials required for the performance of the contract,
  • 14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Contract:
    • (a) we will contact you as soon as reasonably possible to notify you; and
    • (b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15. COMMUNICATIONS BETWEEN US


  • 15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
  • 15.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
  • 15.3 Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16. OTHER IMPORTANT TERMS


  • 16.1 We may transfer our rights and obligations under our Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
  • 16.2 You may only transfer your rights or your obligations under these Terms to another organisation if we agree in writing.
  • 16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
  • 16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  • 16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  • 16.6 These Terms are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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