TERMS AND CONDITIONS
Please read these Terms carefully and make sure that you understand them before ordering any item from us by means of our site or on the telephone (“Products”). These terms and conditions (“Terms”) will apply to any contract between OSS Technology Ltd (Online Spy Shop) for the sale of products to you (“Contract”).
Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us. We take steps to ensure customer confidentiality is maintained at all times whilst visiting and purchasing an item/s through our website.
Under no circumstances does any employee of the company or our associated partners disclose customer credentials to a third party except for the purposes of processing your order and providing the Product/s to you. (see our Privacy and Security Policy for further details).
We amend these Terms from time to time as set out in Section 19 with the last updated terms published here on 24/05/18.
No variation of these Terms or any terms supplied with any order form or other document provided to you will be binding with Online Spy Shop unless confirmed in writing by a director of the company.
1. INFORMATION ABOUT US
1.1. We operate the website Online Spy Shop. We are OSS Technology Ltd, a company registered in England and Wales under company number 06986542 and with our registered accounts office at 76 Manchester Road, Denton, Manchester, M34 3PS. Our main trading address is Regus, 5300 Lakeside, Cheadle Royal Business Park, Cheadle, SK8 3GP, UK. Our VAT number is GB 916 6388 94.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1. Our online and phone order process allows you to check and amend any errors before submitting your order to us. After you place an order you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
2.2. We will confirm our acceptance to you by sending you an email that confirms the product/s have been dispatched. The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.1. The prices of the product/s will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of product/s are correct at the time when the relevant information was entered onto the system. However, please see Section 3.7 for what happens if we discover an error in the price of product/s you have ordered.
3.2. Prices for our product/s may change from time to time, but changes will not affect any order you have already placed.
3.3. All prices in our catalogue, leaflets and our website are shown in Pounds Sterling (£) and include VAT (where applicable) at the current rate chargeable. 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 product/s in full before the change in VAT takes effect.
3.4. VAT exempt customers outside the EU will automatically qualify for a VAT deduction during the Checkout process. For all orders we will provide a valid VAT receipt upon request.
3.5. Further details regarding VAT regulations can be found by visiting hmrc.gov.uk.
3.6. The price of a product/s does not include delivery charges. Our delivery charges are as advised to you during the Checkout process before you confirm your order. For more information on our delivery charges, please see Section 5.
3.7. If we discover an error in the price of the product/s you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product/s 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 product/s to you at the incorrect price.
4.1. Payment for the product/s and all applicable delivery charges is in advance.
4.2. Unless otherwise agreed the full payment is required with any order or prior to delivery of the goods.
4.3. Any attempts to use credit cards fraudulently will be handed straight to the police in the region where the fraud originated. We are committed to our fight against fraud and will prosecute every case to the full extent of the law.
4.4. All orders placed must pass a series of strict security checks before any product/s are dispatched and we trust that our customers will understand the reasoning for this.
5.1. We will deliver the goods ordered by you to the specified address you have provided to us at the time you make your order. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5.2. Delivery is subject to availability of stock at the time of your purchase. We will endeavour to dispatch orders the same working day providing full payment is received before 15:00 pm Mon-Fri (except where Bank holidays and other unforeseen circumstances are outside of our control) and providing the equipment ordered is not a customised product/s.
5.3. For any goods ordered that are not held in stock at the time of your purchase, delivery times may take up to 28 days in which case we will inform you accordingly.
5.4. Before placing any order it is advisable to contact us for accurate delivery timescales. For all deliveries a signature is required to release the goods. If you cannot sign for the delivery please contact us so we can arrange another mutual agreement for delivery without a signature.
5.5. Time shall not be of the essence in respect of any agreed delivery date. If we miss an agreed day delivery deadline for any products then, only if you are a consumer, you may cancel your order straight away if any for the following apply: 5.5.1. we have refused to deliver the product/s; 5.5.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or 5.5.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
5.6. If you do not wish to cancel your order straight away, or do not have the right to do so under Section 5.5, you can give us a new deadline for delivery which must be reasonable and you can cancel your order if we do not meet the new deadline.
5.7. If you are entitled to cancel your order for late delivery under Section 5.5 or Section 5.6, you can do so for just some of the product/s or all of them, unless splitting them up would significantly reduce their value. If the product/s have been delivered to you, you will have to return them to us or allow us to collect them and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled product/s and their delivery.
5.8. Orders placed through the Online Spy Shop website which total under £50.00 (excl VAT) are subject to a delivery charge within the United Kingdom and Northern Ireland to the current value of £7.00 ex VAT. Orders which total over £100.00 (ex VAT) will receive FREE UK delivery.
5.9. The option to expedite a week day and weekend delivery are made available at the time of purchase however, this is NOT a free service. Customers using an expedited delivery service other than our standard free delivery service is non-refundable as explained in section 7.6.2.
6. INTERNATIONAL DELIVERY
6.1. For customers outside the UK mainland we use a delivery courier service appropriate to your location and endeavour to deliver within a timeframe up to six (6) working days.
6.2. In some cases the dimensions and weight of the packaging and delivery destination may incur additional courier charges above the selected payment method. In such circumstances we generally try to absorb additional shipping costs however, if the cost is too excessive we may need to contact you prior to sending the goods.
6.3. Customers outside the UK mainland may be responsible for import duties and local taxes (if applied by the local authorities). For further details please read ‘Import Duty’ further in these Terms and Conditions.
6.4. You will be responsible for payment of any such import duties and taxes. If unsure of the potential costs/fees, please contact your local customs office for further information before placing your order.
6.5. If you reject your shipment due to applicable Customs Duty fees, we will provide a refund once the goods have been returned however, the cost of the outbound and inbound (return) shipment fees are borne by you (the buyer) and will be deducted from the final refund value.
6.6. If your shipment is undeliverable after several attempts by the shipping courier due to yourself or a person on your behalf being absent to sign for the goods, we will provide a refund once the goods have been returned however, the cost of the outbound and inbound (return) shipment fees are borne by you (the buyer) and will be deducted from the final refund value.
7. CONSUMER RIGHT OF RETURN AND REFUND
7.1. You have a right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product you can notify us of your decision to cancel the Contract and receive a refund.
7.2. Product/s should be unused and returned in their original packaging. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.3. This cancellation right does not apply in the case of:
7.3.1. any sealed product/s once the seal has been removed or broken after you receive them;
7.3.2. any product/s tampered with or dismantled, especially electrical equipment that would void the Product’s warranty;
7.3.3. any custom build product/s or custom design orders.
7.4. Your right to cancel the Contract starts from the date that you receive the product/s and for a period of up to 14 days thereafter. After 14 days your right to return the product/s may not be accepted.
7.5. To cancel the Contract you need to let us know that you have decided to cancel and the easiest method is to send an email to firstname.lastname@example.org at stating your Order Number. We will confirm your cancellation and return by email the Model Cancellation Form.
7.6. If you cancel your Contract we will:
7.6.1. refund the price you paid for the product/s.
7.6.2. refund any delivery costs you have paid. Expedited delivery or weekend delivery costs are non-refundable.
7.6.3. make refunds due to you as soon as possible and within the legal guidelines set by the Distance Selling Regulations and Consumer Regulations.
7.7. We can only refund you using the same method that was used to pay for the product/s. For example: if you used a credit or debit card we can only refund you to the same credit or debit card.
7.8. If you decide to cancel your Contract after receiving the product/s you have a legal obligation to look after said product/s with due care and:
7.9.1. you must return the product/s to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
7.9.2. unless the product/s is faulty or not as described, you will be responsible for the cost of returning the product/s to us.
7.10. As a consumer, we are under a legal duty to supply product/s that are in conformity with this Contract. As a consumer, you have legal rights in relation to product/s that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8. RETURN OF CUSTOM ORDERS AND FOR NON-CONSUMER CUSTOMERS
8.1. If a customer changes their mind midway through a custom build order, we reserve the right to charge labour costs plus any other additional costs such as for materials used or ordered for the purpose of the custom build.
8.2. Claims for non-delivery of goods must be notified to Online Spy Shop within seven (7) days of the invoice purchase date.
8.3. Faulty customised product/s will be accepted for return and must be returned in the same condition as received complete with all original packaging and accessories.
8.4. Custom build product/s that have later received a fault and need to be returned for repair may incur additional postage and packaging costs even whilst under the manufacturer’s warranty.
9. FREE / INCLUDED / SUPPLIED ITEMS
9.1. For some product/s we may include additional accessories to ensure a better customer experience for example: we may include additional batteries or an SD card so that products are ready to operate when receiving them. These additional accessories are expenses the company absorbs but are not available to keep in the event the product/s needs to be returned for a refund. All accessories are the ownership of Online Spy Shop until such a time the product is deemed accepted by the customer.
10. PRODUCT AVAILABILITY
10.1. As a result of continued product development the specification and/or design of goods may vary from the images, designs, or accompanying descriptions shown on the site.
10.2. Whilst every care has been taken to ensure that the colour reproduction in descriptions of product/s on our website, printed or promotional material is a reasonable representation. We cannot accept any responsibility for any variation in colour caused by the type of printer or browser software or computer screen or operating system used.
11. GUARANTEE AND LIABILITY
11.1. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11.2. All goods supplied by Online Spy Shop are covered with a 12 month warranty against faults and defects commencing from the date in which you receive the item. We will endeavour to swiftly repair or replace any item which has developed a manufacturers fault within the warranty period.
11.3. The warranty does not cover against misuse of any item or general wear and tear of an item. Under circumstances such as these we can offer to send the item/s back to the manufacturer or to order any new parts which might be needed to repair the item in which all applicable costs must be covered by the consumer.
11.4. After the warranty period has expired, any returns will be chargeable to the consumer including any applicable costs for outward and inward shipping, customs, labour and materials costs.
11.5. We do not exclude our liability:
11.5.1. for death or personal injury caused by its negligence;
11.5.2. for breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982;
11.5.3. for defective products under the Consumer Protection Act 1987;
11.5.4. for fraud or fraudulent misrepresentation; or
11.5.5. any other liability which cannot lawfully be excluded.
11.6. Subject to Section 11.1 and 11.5 above, Online Spy Shop accepts no liability whatsoever for any loss, harm or damage in relation to the product/s, including but not limited to any liability for indirect or consequential loss, loss or corruption of data, or loss of profits, revenue, business or goodwill except for liability for death or personal injury, arising as a direct result of any representations, breach of contract or negligence caused by Online Spy Shop.
11.7. Subject to Section 11.1 and 11.5:
11.7.1. Online Spy Shop shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
11.7.2. Online Spy Shop's total liability to you for all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid and/or payable by you under the Contract.
11.8. We accept no liability for death or personal injury resulting from any misuse or modification of items or damage by a person other than us or our carrier.
11.9. All conditions, warranties, guarantees and representations, express or implied, by statute, common law or otherwise in relation to the goods (other than any liability which Online Spy Shop is not permitted by law to exclude or restrict) are hereby excluded.
11.10. Online Spy Shop does not represent or warrant the accuracy or completeness of, nor is it responsible for any reliance placed on, information accessible via this website or links to other websites from this website.
11.11. Any information accessed through the website including any reviews of items or recommendations as well as the information contained within any associated sections of the Site, such as emails from Online Spy Shop, the Blog or Social Media is a statement of our general opinion and does not constitute expert advice.
The information is not ever to be relied upon as a statement of fact or for the purposes of legal responsibility and should so only be viewed as subjective opinion. If you have any questions or wish to ask our advice on any of the product/s, please contact us by phone or email.
11.12. Online Spy Shop has no liability whatsoever in respect of any use made of any information accessed through the website or made available through your use of the website.
11.13. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of our goods may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
12. USER ERROR
12.1. Online Spy Shop cannot be held responsible for the consumer purchasing an item/s that are incompatible with software or certain operating systems. Whilst we will endeavour to inform of compatibility issues in the product description on our website, we recommend that you contact us to ensure that a product will work with your system.
12.2. We cannot accept responsibility for a user error that may cause damaging side effects to either the product/s or anything working in conjunction with said product/s. In this case the user will not be entitled to any form of refund or free replacement.
13. LEGAL STATUS OF PRODUCTS
13.1. All responsibility for any infringement of another person or their right to privacy is squarely upon the customer. As such it is the customer’s responsibility to ensure that the equipment is used in compliance with all Privacy Rights, Human Rights, Civil and Criminal Laws active in the area of use. By accepting these Terms and Terms, and placing an order with us, you (the customer), agree to take full responsibility for the use of any equipment purchased from Online Spy Shop.
14. TRANSMITTING EQUIPMENT
14.1. Although it is not an offence to manufacture or possess a transmitter in the UK, some of the transmitters featured on this site are not OFCOM-approved and as such the use of them could constitute an offence.
14.2. Equipment which is not D.T.I approved is sold for export only. The telephone equipment featured on this Site or associated catalogue/s is not approved by OFCOM.
15. PREVENTING FRAUD
15.1. Online Spy Shop will report any suspected attempt to make a fraudulent transaction to the appropriate authorities. Should we feel in our absolute discretion that a transaction has been placed which does not look completely satisfactory, we will undertake additional security procedures to protect both our business enterprise and our customers.
15.2. We reserve the right to request additional information to back up or support information already provided by a customer in regards to payment security checks. Please ensure that all information provided is correct and up to date. Refusal to supply any additional information required to validate a purchase order will result in cancellation.
16. GIFTS / MARKETING
16.1. From time to time promotional free gifts may be offered with physical product/s but not for electronic product/s. If acceptance of a free gift contravenes your personal or business policies or practices please contact us accordingly.
17. TELEPHONE CALLS
17.1. Telephone calls may be recorded and used for training and / or monitoring purposes.
18.1. Online Spy Shop may at its absolute discretion decline to accept orders or to offer credit terms.
19. OUR RIGHT TO VARY THESE TERMS
19.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
19.2. Every time you order product/s from us, the Terms in force at the time of your order will apply to the Contract between you and us.
19.3. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
19.4. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive.
If you opt to cancel, you will have to return (at our cost) any relevant product/s you have already received and we will arrange a full refund of the price you have paid including any delivery charges.
20.1. The Online Spy Shop website is Copyright (c) Online Spy Shop 2005 – 2018. All website design, text, graphics, the selection and arrangement herein are Copyright works owned or controlled by us. All rights are reserved. All errors and omissions are accepted. All trademarks are acknowledged where applicable.
21. EVENTS OUTSIDE OUR CONTROL
21.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Section 21.2.
21.2. 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, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
21.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: 21.3.1. we will contact you as soon as reasonably possible to notify you; and
21.3.2. Our obligations under a 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 product/s to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
21.4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant product/s you have already received and we will refund the price you have paid, including any delivery charges.
22.1. Each of the provisions of these Terms operates separately. If any provision of these terms is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.
22.2. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
23. DATA PROTECTION
23.1. We will comply with the General Data Protection Regulation ((EU) 2016/679), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2013 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner including any amending or replacement legislation in force from time to time.
24. JURISDICTION AND GOVERNING LAW
24.1. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of product/s through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a resident of Scotland you may also bring proceedings in Scotland.
24.2. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
24.3. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
25. OTHER IMPORTANT TERMS
25.1. We may transfer our rights and obligations under a Contract to another organisation but this will not affect your rights or our obligations under these Terms.
25.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a product/s as a gift, you may transfer the benefit of our warranty in Section 11 to the recipient of the gift without needing to ask our consent.
25.3. 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. However, if you are a consumer, the recipient of your gift of a product/s will have the benefit of our warranty at Section 11, but we and you will not need their consent to cancel or make any changes to these Terms.
25.4. 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.