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 Products 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 27/06/15. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. Unless otherwise agreed, all sales of Products are made on these Terms.
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 may receive an e-mail from us acknowledging that we have receive 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 e-mail that confirms the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
3.1. The prices of the Products will be as quoted on our site at the time you submit your order. 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, please see Section 3.7 for what happens if we discover an error in the price of Product(s) you ordered.
3.2. Prices for our Products 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 applicable current rate chargeable 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.
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 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 Products 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 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.
4.1. Payment for the Products and all applicable delivery charges is in advance. We will not charge you until we dispatch your order.
4.2. Unless otherwise agreed the full payment is required with any order or prior to delivery of the goods. Online payments are processed using the Sagepay payment gateway.
4.3. Sagepay has a global reputation in maximising the safety of credit or debit cards made through online transactions by using encrypted SSL secure socket layers in compliance with the world banking industry.
4.4. 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.
4.5. All orders placed must pass a series of strict security checks before any products are dispatched, and we trust that our genuine customers will understand the reasons for this.
5.1. We will deliver the goods ordered by you to the address you give us for delivery 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. [For customised products, we will advise you of the delivery date when you place your order, and confirm it when we send the Dispatch Confirmation referred to in section 2.2].
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 the 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 Products; 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 Products or all of them, unless splitting them up would significantly reduce their value. If the Products 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 Products 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 as standard our 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.
5.10. For customers outside the UK mainland, we use a delivery courier service appropriate to your location where delivery charges are a minimum of £29.00 with a delivery timeframe between 2-4 working days.
5.11. In some cases the dimensions and weight of the packaging may incur additional charges above the selected delivery method. In these situations, we generally absorb any additional shipping costs, however, we may need to contact you prior to sending the goods if the dimensions and weight are deemed too in excess.
5.12. 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. INTERNATIONAL DELIVERY
6.1. If you order Products from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
6.2. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
6.3. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
7. CONSUMER RIGHT OF RETURN AND REFUND
7.1. This Section 7 only applies if you are a consumer.
7.2. If you are a consumer, you have a right to cancel a Contract, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013], during the period set out below in Section 5.4. 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.
Please note that Products 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. However, this cancellation right does not apply in the case of:
7.3.1. any sealed Products once the seal has been removed or broken after you receive them;
7.3.2. any Products tampered with or dismantled, especially electrical equipment would void the Product’s warranty;
7.3.3. any custom build or custom design orders.
7.4. Your right to cancel the Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
7.4.1. If you have ordered a single Product (which is not delivered in instalments) the deadline for cancellation is the end of 14 days after the day on which you receive Product.
7.4.2. If you have ordered multiple Products or a single Product which is delivered in instalments, the deadline for cancellation is the end of 14 days after the day on which you receive the last of the separate Products or the last instalment of the Product.
7.5. To cancel the Contract, you need to let us know that you have decided to cancel using one of the following methods:
7.5.1. The easiest way to cancel is to complete the cancellation form. The cancellation form is obtainable by contacting our e-mail: firstname.lastname@example.org. If you use this method we will e-mail you to confirm we have received your cancellation request and send a Model Cancellation Form.
7.5.2. If you are e-mailing please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you send us the e-mail.
7.6. If you cancel your Contract we will:
7.6.1. refund you the price you paid for the Products. Please note we are entitled to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7.6.2. refund any delivery costs you have paid, although, the maximum refund will be the costs of delivery by the standard delivery method we offer. Expedited delivery or weekend delivery costs will only be refunded under Section 7.7.
7.6.3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below: 188.8.131.52. if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see Section 5.9.
184.108.40.206. if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.7. If you have returned the Products to us under this Section 5 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.8. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
7.9. If you decide to cancel your Contract after receiving the Product:
7.9.1. then you must return it 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. You can either send it back, return it to us in-store at the address above;
7.9.2. unless the Product is faulty or not as described (in this case, see Section 7.7), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
7.10. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this Section 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8. RETURNS 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. This should be done by contacting us through the Contact Us page of our site to inform us about such non delivery.
8.3. Faulty goods 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 products 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 products we will include additional accessories to ensure a better customer friendly 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 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 any images, designs, or accompanying descriptions shown on the site.
10.2. Every care has been taken to ensure that the colour reproduction in descriptions of products on our website and printed or promotional material is a reasonable representation of the Products when going to press. However, you acknowledge that slight variations between the Product as represented in those descriptions and the Product supplied can occur due to differences in colour reproduction and display technologies and techniques. 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 including any applicable costs for outward and inward shipping, customs, labour and materials costs which must be covered by the consumer.
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 Products, 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, Facebook Page or other media, is a statement of our general opinion and does not constitute expert advice to be relied upon.
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, 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 certain of our goods to you 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 or anything working in conjunction with said product. 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 products but not for electronic products. 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 Products 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 Products 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 excepted. 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 Products 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 Products 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. JURISDICTION AND GOVERNING LAW
23.1. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products 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.
23.2. 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.
23.3. 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).
24. OTHER IMPORTANT TERMS
24.1. 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.
24.2. 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 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.
24.3. 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 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.
24.4. 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.