Terms & Conditions
1 Meanings of words used by us
"Customer", "you", "your" and "yours" means you the person using this Website ordering Goods or Services;
"Goods" or "Products" means the personal computer or laptop which you have ordered from us and any other hardware or software products ordered by you which are set out in your order form;
"Service" or "Services" means the home installation service that we offer to our customers. The exact details of which are dependent on the level of service which is selected;
"Terms and Conditions" means this document and any updates to the document which are displayed on our Website;
"we", "us" and "our" are references to OMG PC Ltd;
"Website" is a reference to the website, www.omg-pc.co.uk which is run and operated by us and on which these Terms and Conditions are displayed.
2 Ordering from Us
2.1 When you order Goods and/or Services from us you are entering into a contract with us for the purchase of the Goods and/or the performance of the Services. You must take particular care when providing us with your details to ensure that these are accurate and complete at the time of ordering.
2.2 Any order that you place with us is subject to product availability and acceptance by us, we reserve the right to change components and manufacturers for alternatives at our discretion. When you place your order online we will send you an email confirming your order (the Order Confirmation).
2.3 Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale, unless you are registered as a re-seller with us.
2.4 When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
2.5 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.
2.6 The description and price of goods you order will be as shown on our website at the time you place your order. If you buy goods which have no published technical specifications, it is your responsibility to establish the suitability of the goods for your intended purpose.
2.7 After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
3.1 All Prices shown on the website are inclusive of value added tax (where applicable) but exclusive of delivery charges.
3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
3.3 The total price for Goods or Services ordered, including delivery charges, will be displayed on the Website when you place your order. When you are paying by credit or debit card payment will be taken at the time of placing your order and not when the order is dispatched.
3.4 Where payment is made by cheque or bank transfer, we shall not dispatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds.
3.5 Where an order is made using finance to pay for goods, delivery must take place to the address given on the finance application.
3.6 In the event that some of the Products listed on our Website may be incorrectly described or priced, we are under no obligation to provide the Product to you at the incorrect price, even after we have sent you an Order Confirmation, if an error in our pricing is found. The price will be verified once your order is assembled.
3.7 If an error in our pricing is found, we will inform you as soon as possible by telephone or email and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods. If you do not reconfirm or cancel your order within 3 working days of notification we will assume that you wish to cancel your order and your order will be cancelled by us.
4.1 In some cases it may be necessary for us to request further information from you in order to perform CNP (cardholder not present) checks on payments received for the purpose of avoiding fraud. This is in the interest of all card holders. If you are unable to provide further information upon request the order may be cancelled or the delivery address amended to the registered card address at our discretion.
5.1 Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.
5.2 Where an incorrect address has been given to us during the ordering process, we reserve the right to charge for any extra carriage costs incurred.
5.3 Your order will be fulfilled as soon as possible after your Order Confirmation and in any event within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
5.4 Please ensure that you or someone who is authorised to sign for the goods on your behalf is available to take receipt of the goods. When accepting delivery please inspect the package for any visible signs of damage. If there is damage then you can either refuse the delivery or sign for the package as damaged. If damaged you must follow the process highlighted in 6.10, furthermore It is imperative that you take pictures as evidence of damage and do not dispose of any of the packaging, as this will be required to affect your claim against the courier. We will make a claim against the courier and arrange for the damaged goods to be collected and replacements to be sent to you.
5.5 It is your responsibility to sign for the correct number of packages as shown on the delivery or carriers consignment note. If you suspect that there are items missing from the delivery, first check that the order has not been part shipped. Any shortages must be made known to us within 3 days of delivery.
5.6 It is your responsibility to notify us of any incorrect goods supplied within 2 days of delivery. If the items are not what you ordered, you must not open the manufacturers packaging or use the item.
5.7 We will not accept liability for goods lost in transit unless we are notified within 3 working days from the expected delivery date. We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery outside the reported timescales.
5.8 The Products will be at your risk from the time of delivery.
5.9 You may collect the Goods from our premises by arranging this with us in advance. Please ensure that you have valid identification at the time of collection to demonstrate proof of your name and order address.
5.10 If you have selected a "UK Special Delivery before 1pm" or “UK Special Delivery before 9am" or equivalent express delivery option at the time of placing your order we will endeavour to dispatch your order to the courier within the specified special delivery timeframe. The special delivery service is not guaranteed by us and if we are unable to dispatch your goods within this timeframe the service will automatically be downgraded to the next available service level and any cost difference refunded. The dispatch process will start from the time we receive cleared payment (or confirmation to process your order from our finance company) and send you a notification that your order is being processed. No consideration will be given to any subsequent delays in delivery after the goods have been handed over to the courier.
5.11 If you order Products from our Website for delivery outside the UK, it is at our complete discretion whether we choose to ship to your specified country. If we chose to ship, the deliveries may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
5.12 Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.
5.13 Unless otherwise agreed we may deliver by instalments (part shipment) and any delay, default or non-delivery in respect of any instalment shall not entitle the Customer to cancel the remainder of the Contract.
5.14 Failure by the Customer to pay for any instalment or delivery when due shall entitle us to withhold further deliveries and the Customer shall be liable for any costs incurred by us relating to such Goods which we are then entitled to withhold.
5.15 In the case of deliveries made by DPD, you may receive an estimate of delivery time on the day of delivery. Please remember that this is an estimate only, and sometimes the courier cannot adhere to this estimate for reasons out with their control. In these situations we will be happy to help where possible; however neither we nor our courier will be liable for any compensation owing to late delivery.
6 Cancellation and Returns
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 calendar days, beginning on the day you received the Products. You must notify us via durable medium (email / letter) and quote your order number in any communication. Notification by phone is not sufficient.
6.2 If you are contracting as a Business / Trade customer, this clause does not apply. Any orders by or on behalf of a business cannot be cancelled once they have been placed. An order will be deemed to be a Business Order, if it is paid via business bank account or business debit / credit card, or a company address or purchase order number has been provided.
6.3 For business orders we reserve the right to charge a 25% restocking fee for cancelled, rejected or unwanted orders.
6.4 Our right of cancellation - If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
6.5 You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.6 If you are unable to arrange a return by reasonable means, we can arrange collection using a selected courier of our discretion, who can collect from most areas of the UK. The average cost for collections from most parts of the UK is £35.00 including VAT, however this price can vary and other areas of the UK may cost more. We do not offer a collection service for Product(s) delivered outside the UK or to the Channel Islands. The cost of collection arranged by us will be deducted from the refund.
6.7 The supply of any additional services from us will not be refunded because this service contract will have been fully completed within the cancellation period.
6.8 Once the cancelled Products are received by us, we will refund your debit or credit card or issue a cheque or bank transfer for the full amount paid within 14 days including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) less the collection charge we paid for the collection of the Goods if applicable.
6.9 Except in the case of faulty or miss-described goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods. All original items delivered must be returned with the refund request. This includes but is not limited to welcome packs, software discs, cables, digital download codes such as games, chassis accessories and peripherals.
6.10 Any software or consumable goods that have been unsealed or activated do not have the right of cancellation and will not be refunded. Please see section 28(3)(b) of the Consumer Contracts Regulations 2013 for further information.
6.11 A full statement of your legal rights under The Consumer Contracts Regulations 2013 may be obtained in the UK from your local Citizen's Advice Bureau or Trading Standards Office.
6.12 If the goods supplied to you are physically damaged then you should notify us via email, letter or webmail by logging into your account area within 72 hours of receipt. Failure to notify us with 72 hours of receipt will result in the determination that any physical damage occurred whilst in your care.
6.13 If you suspect that the Goods are faulty and wish to return them you must contact us within 72 hours of receipt and submit an RMA (Return Material Authorisation) request. We will examine the returned Product and if you are entitled, we will notify you of your options to either, repair, replace or refund via e-mail within a reasonable period of time. We will usually process your elected repair, replacement or refund as soon as possible and, in any case, within 30 days of the day you confirm whether you opt for repair or replacement, or within 14 days of the day you opt for a refund for the defective Product.
6.14 6.14. For refunds, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
6.15 For any returns due to damage or suspected faults for orders delivered in the UK, we will arrange for collection at our cost within the first 24 months after receipt or as extended by your warranty provision. Should the product be found not defective then you will be liable for the costs of collection, re-delivery, labour and new packaging if required. We do not offer a collection for orders delivered outside of the UK including the Channel Islands.
6.16 Peripheral items (any item that is not a computer or laptop) must be returned to us using your own delivery method. We will not arrange for collection of any peripheral items within the first month after receipt or at any time after this date.
6.17 Where collections are arranged by us, you still have a duty of care to ensure the Products are packaged sufficiently, for the type and value of goods being returned. Due to the nature of the goods supplied, we recommend original packaging is used. If original packaging is not available, new specialty packaging can be ordered from us. Where you use your own packaging, liability for the cost of repairing damage resulting from inadequate packaging rests with you. We will only confirm that the item has arrived back to us in a satisfactory condition once we have opened and inspected the item.
6.18 When you return goods using your own delivery method within the UK, where goods are found to be defective we will refund up to £5 of the cost incurred by you. This will only be refunded upon the receipt of proof of the carriage costs.
6.19 When returning goods under the 14 day cooling off period, if the goods are not in a resaleable condition or if the goods have been unnecessarily handled we reserve the right to offer only a partial refund.
6.20 If you think that the product you have purchased is faulty or incompatible with your computer system we may refer you to the manufacturer, due to their extensive knowledge of their product. If the manufacturer agrees that the product is faulty, in most cases they will be able to authorize a replacement/repair of the product direct to you.
6.21 A restocking fee of up to 25% is charged on returns, which prove to be non-defective.
6.22 Dead on Arrival (DOA) - If the product fails within the manufacturer's DOA period, a replacement product will be offered to you.
7.1 All components and parts that we supply separately or integrated into a PC System are warranted free from defects and covered by the terms and conditions of the original manufacturers guarantee for 12 months (or longer if offered) from the date of supply. This warranty does not affect your statutory rights as a consumer.
7.2 Lifetime Labour – we will provide labour only support during the lifetime of an OMG PC system, the customer is responsible for replacement parts after 12 months (or as per manufacturers guarantee period). This Lifetime Labour support does not apply if points 7.7, 7.11 and 7.12 and breached.
7.3 All PC Systems are supplied with a Standard 2 year collect and return warranty service at no extra cost, with the option for the customer to extend this by a further 1 year (OMG Monster - 3 Year Collect and Return warranty) either at the point of sale or at any time before the 2 year standard warranty is due to expire. In all cases, the customer is able to cancel the extended warranty cover within 14 days from the date of purchase.
7.4 We also offer all customers a special out-of-warranty upgrade or repair service with a single subsidised charge for collection/delivery/labour and discounted parts costs, this will be done strictly on a pay as you go basis and parts used will be at our discretion, but an inferior product will never be used.
7.5 We are at liberty to use the following process, at our discretion and in no particular order, for all defective/fault claims that are within the warranty period (including any extended warranty purchased):
- Diagnose fault over email or telephone.
- Diagnose fault by referring customer directly to manufacturer customer support.
- If fault is determined as easily fixed by customer offer an advanced replacement.
- Allow manufacturer to offer an advanced replacement.
- If all options are not suitable, we will then arrange for collection.
7.6 Goods found by us to be defective during the warranty period will be repaired or replaced with an item of an equal or better performance and equal or better value at the time a return material authorisation (“RMA”) is generated. All Products being returned under warranty must have been issued with a valid RMA number. Any goods received by us without a valid RMA number will be rejected and returned to sender.
7.7 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party (e.g. not using a surge protector), use otherwise than as recommended by us or the manufacturer (e.g. in an unventilated / hot or dusty environment), failure to follow the manufacturer's instructions, or any alteration or repair carried out without the manufacturer's or OMG PC’s approval.
7.8 Unless otherwise stated, all LCD/LED monitors should be considered as class 2, which comply with ISO ISO-9241-302, 303, 305, 307:2008 pixel defects. Dead pixels on LCD/LED panels are covered under the manufacturers' warranty terms and conditions. If you experience a problem with your monitor please contact the manufacturer as this will be the quickest resolution. We do not guarantee that you will receive a replacement screen should your screen develop one or more dead pixels.
7.9 We cannot be held responsible for loss of data, or need to remind you about backing up your data. Your data is your responsibility and you should take all necessary precautions to reinstate if a loss occurs. It is possible that hard drives and/or solid state drives may be formatted or replaced when returned under warranty regardless of any correspondence stating otherwise.
7.10 Laptop Batteries come with a maximum 6 month warranty, regardless of which warranty option is purchased.
7.11 7.11. If you open your case and install your own components, all warranties (if any) will be VOID.
7.12 Should you take any goods purchased from us to a 3rd party and have them attempt to diagnose or repair a fault on the computer, you will VOID all warranties on the order and we will not cover the costs of any onsite or call out charges as we do not provide or charge you for onsite warranties. If you have any problems with your order you must contact us for advice and if necessary obtain an RMA number and return the item to us through the specified returns procedure.
7.13 In the event of any failure of software or hardware, we will not be held liable to replace, re-install or compensate for any software that is lost, damaged or corrupted. This exclusively applies to software provided free of charge by us or any third party software that was installed by you.
7.14 If you order liquid cooling for your graphics card, the original heatsink and fan that is installed on the graphics card you order will be removed so that it can be fitted correctly. This heatsink and fan will be provided in your Welcome Pack, contained in sealed bag and must be retained throughout the life-time of your warranty. If the graphics card installed in your computer develops a fault, you must return the bag containing the heatsink and fan along with the faulty graphics card. Failure to do so will result in the warranty for the graphics card becoming VOID.
7.15 If a product is repaired outside of the warranty period specified on your order, unless otherwise specified the warranty provided on any replacement parts is capped at a maximum of three months.
8 Advanced Replacement Service
8.1 If a diagnosed fault is deemed as easily replaceable by customer (e.g. memory/RAM, graphics cards, DVD drives etc.) we will offer an advanced replacement. This is where we will send out a replacement component to the customer before the same customer sends the faulty part back to us.
8.2 If you agree to an 'advance RMA replacement' we will take a credit/debit card number which will be used to pre-authorise (but not actually charge) the cost of the replacement item. If you do not return the faulty item(s) within 7 days of receiving the replacement, we will charge your credit/debit card for the amount which was pre-authorised during the original request for the advance RMA replacement. If you then return the faulty item(s) at a later date, we will refund this charge minus a 5% card transaction fee and £10 administration fee.
8.3 If your circumstances make it impossible to return the item within this period, you must phone within 7 days to inform us of any expected delay.
8.4 Please note that it is your responsibility to ensure that items returned are suitably packaged to avoid any damage during transit; we will check all items received for user damage and shipping damage before cancelling your credit/debit card pre-authorisation amount. If an item is found to have user damage, or is found to have been damaged during transit as a result of poor packaging, we reserve the right to charge your credit/debit card for the full amount which was pre-authorised.
8.5 Assuming all faulty items are returned to us within 7 days of receiving the replacement, we will cancel your credit/debit card pre-authorisation within 5 days of receipt.
8.6 If you do not wish to use the Advanced Replacement Service, we will process your fault claim via the standard returns method.
9 Custom/Pre Built Systems
9.1 All OMG desktops are built to the highest standards using the finest components available, but we cannot guarantee compatibility with all software you wish to use, or all features of a given operating system due to the near infinite variety of customisable options available. Please note that in the case of our off-the-shelf systems we reserve the right to upgrade components to superior parts. We will never change stock components for an inferior product. As with most desktop PC systems, the use of sleep mode is not recommended as there is a chance your PC will not resume correctly. This and other hibernation features are used entirely at your own risk. On overclocked machines, sleep mode may be disabled. We are unable to provide extensive support for certain types of multimedia add in card such as TV cards and capture equipment. Use of remote controls and other features making use of hibernate and sleep are used entirely at your own risk.
9.2 While we do everything possible to make sure that your new computer system arrives in exactly the same perfect state as it leaves us in, occasionally items arrive damaged or items of an order go missing. For this reason we ask you to check the entire contents of your order as soon as possible after signing for it. In the event the courier fails to deliver a system on the scheduled date, we will in no way be responsible for any lack or loss of earnings resulting from the delay.
9.3 Damaged items must be reported to us within 3 working days of receipt, otherwise we may not be able to assist you. In the event that your delivery is made at the weekend and you cannot contact us by phone, please send an email to email@example.com with your original order ID, or name and address, giving details and we will contact you on the following working day.
9.4 Just like any other piece of electronics equipment, a computer system tends to attract dust. You MUST make an effort to periodically check for a build-up of dust, as this can cause the system to overheat, and may cause premature failure of hardware components.
9.5 If your computer is returned to us and we find a large build-up of dust or other dirt inside the tower, then we reserve the right to charge for the repair costs. For this reason we suggest keeping the area your computer tower is in clean and tidy, and if you are concerned about dust build up then we suggest taking your computer to a local computer store twice a year for a hardware inspection / clean.
9.6 Tobacco smoke leaves greasy deposits on hardware components and can cause premature component failure. Excessive build ups of grime due to smoke damage is not covered by your warranty and we reserve the right to charge for replacement components damaged in this manner.
9.7 Any PC system returned to us under warranty which is found to have no fault, or the problem described is as a result of additional software installed since delivery, malware infection or virus infection, will be liable to a flat rate charge of £55 to fix the problem, plus £35 to cover our courier costs. In situations where the problem is caused by user damage, the replacement component(s) will be offered at a competitive price. Please note that under such circumstances, we reserve the right to take a credit or debit card number for guarantee purposes; if our engineers then find that the problem is genuinely caused by the computer or product itself, no charge will be made as this will be covered by our warranty. However in any other situation there will be a flat rate charge of £55. All charges include VAT at 20%, unless otherwise stated.
9.8 In the event that your OMG PC system is returned for warranty repair work, it is recommended that you have an up to date backup of your data and programs before arranging the return. Although we always try to resolve problems without formatting hard disks and reinstalling Windows, occasionally this is unavoidable and in such situations we are not liable for any loss of data or programs.
10 Our Website security
10.1 Encryption Technology: We use the industry standard secure sockets layer (SSL) 256-bit encryption technology to ensure that all your personal and transactional information is encrypted before transmission. To check that you are in a secure area of our Website look at the address bar of your browser and you will see https as opposed to http. All this technology and our policies are to safeguard your privacy from unauthorised access/improper use.
10.2 External Websites: If you use links on our Website that lead you to external websites, we will have no control over the way your information will be processed. As other websites may handle your information in a different way, we recommend that you check the privacy policies of each website that you visit.
11 Using Our Website
11.1 The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
11.2 We aim to have the Website available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
11.3 You must not interfere with the working of our Website nor must you circumvent security on the Website, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.
12 Your Information
12.1 Where we have requested information from you to provide the Goods or Services, you agree to provide us with accurate and complete information.
12.2 You authorise us to use, store or otherwise process your personal information in order to provide the Goods or Services to you and for marketing purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to third parties from time to time where this is required by law or in order to provide the Goods or Services to you. We do not pass on or sell your contact details to third parties.
12.3 You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
12.4 You should not receive unsolicited email or phone calls from companies that we do business with and we do not sell your information to these companies.
13 Complaints about our Service
13.1 We hope that you will not have any complaints about our Services however if you do have an issue please contact us at firstname.lastname@example.org and we will do our best to respond within 5 business days.
14 Our Intellectual Property Rights
14.1 All copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website and the Goods and Services (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved. The collection, arrangement and assembly of all content on the Website is the exclusive property of OMG PC Ltd and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website unless expressly invited to do so.
15 Disclaimer and limits to our liability
15.1 Limits on our liability: We do not restrict our liability to you for personal injury or death arising as a result of our direct negligence, for fraud committed by us or for any other matter which it is unlawful to limit or exclude. We disclaim any and all liability to you for the supply of the Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount we have received from you in respect of such Goods or Service out of which the claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
15.2 Indirect or inconsequential losses: We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of the Website or the Goods or Services or as a result of any failure of any goods purchased from us.
15.3 The Website: We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
15.4 Acts of God/Force Majure: We shall not be held liable for any failure or delay in delivering the Goods or performing Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
15.5 Security Breaches: We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties we use.
16 General legal points
16.1 Ability to transfer or subcontract: We may subcontract any part or parts of delivery of the Goods or the Services that we provide to you from time to time and we may transfer our rights and/or obligations under this Agreement without your consent or any requirement to notify you.
16.2 Changes to the Terms and Conditions: We may alter or vary the Terms and Conditions at any time. Any variations or updates to these Terms and Conditions will be published on our Website. You will be deemed to accept the latest version of the Terms and Conditions when you buy our Goods or Services.
16.3 Entire Agreement: This Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
16.4 Invalidity: If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, we agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
16.5 Jurisdiction and English Law: These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
16.6 Delays: No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
16.7 Rights of Third Parties: It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
17.1 Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favouring by OMG PC Ltd. The appearance of external hyperlinks does not constitute endorsement by our company of the information, products or services contained therein. All links are provided with the intent of meeting the mission of our company. Please let us know about existing external links which you believe are inappropriate and about specific additional external links which you believe ought to be included.
17.2 Reference from this Website or any other product, service or information does not constitute an endorsement or recommendation by OMG PC Ltd or any of its employees. We are not responsible for the content of any "off-site" web pages referenced from this website.
18 Competitions and Promotions
18.1 All Competitions are subject to, but not limited to the Terms and Conditions outlined on the Gleam.io competition page.
18.2 Promotional products and free products are not covered by any OMG Warranty, we will refer to the active manufacturer warranty/guarantee in the case of any faults and/or DOA.
18.3 Promotional products and free products will not be shipped until after 14 working days from the date of purchase of the lead product.
18.4 Promotional products and free products cannot be returned for either a full or partial refund as a singular product in its own right.
18.5 All promotional products and free products must be returned within 7 working days from the date of an approved refund of the lead product.
18.6 We reserve the full rights to change any aspect of any active or inactive promotion/competition at any time, without prior notice, this includes and is not limited to:
- Promotion/Competition dates
- Promotion/Competition qualifying criteria and rules
- Promotion/Competition products on offer