This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.OK5.com ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
INFORMATION ABOUT US
1.1 www.OK5.com is a site operated by Magic International Limited ("we"). We are registered in England and Wales under company number 3688932 and with our registered office at 66, Wigmore Street, London W1U 2SB.
1.2 We try and ensure that our site is available 24 hours per day but we will not be liable if for any reason our site is at any time unavailable. Access to our site may be suspended temporarily or permanently without notice.
2 SERVICE AVAILABILITY
2.1 We deliver worldwide to countries where there is a recognised postal service. Please note that all balloons delivered outside the United Kingdom will be delivered un-inflated in an envelope with a weight and ribbon.
3 YOUR STATUS
3.1 By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
3.1.2 You are at least 18 years old.
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us only after payment has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms payment has been accepted from you ("Acceptance Email"). The contract between us ("Contract") will only be formed when we send you the Acceptance Email.
4.2 The Contract will relate only to those Products we have confirmed in the Acceptance Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Acceptance Email.
5 CONTENT
5.1 You acknowledge that all text, photographs, graphics or other materials ("Content") are your sole responsibility and that no refund will be given for any Products ordered that do not comply with these Terms & Conditions.
5.2 You agree not to upload, post, email, transmit or otherwise make available to us Content that:-
5.2.1 is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another privacy, hateful or racially, ethically or otherwise objectionable;
5.2.2 you do not have a right to make available under any law or under contractual or other relationships (including confidential information); or
5.2.3 infringes any right of a third party including intellectual property or proprietary rights.
5.3 You acknowledge that we may or may not pre-screen Content but that we have the right to do so and refuse to print any Content that violates these terms and conditions or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content including reliance on the accuracy, completeness or usefulness of such Content.
5.4 You acknowledge that we may access and disclose your Content to third parties if required to do so by law or if we believe that such disclosure is necessary including in relation to any claims that such Content violates the rights of third parties.
6 OUR STATUS
6.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
7 CONSUMER RIGHTS
7.1 You acknowledge that our Products which are balloons are made to your specification with personalised content and are also cannot be deflated once the Contract has been formed and are therefore by their nature not able to be returned to us (unless faulty in accordance with these terms and conditions) and you do not have a right to cancel a Contract for Products which are balloons or Products made to your specification or personalised content.
7.2 For Products which are not balloons or made to your specification or with personalised content then if you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
7.3 To cancel a Contract under clause 7.2, you must inform us in writing. 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.
7.4 This provision does not affect your statutory rights as a consumer.
8 AVAILABILITY AND DELIVERY
8.1 Your order will be fulfilled in accordance with our Postage and Packaging guide .
8.2 It is your responsibility to ensure the accuracy of any delivery address details or other information supplied with your Order. We will not be responsible for non-delivery if incorrect details are supplied to us or if the balloon is not passed to the recipient at the delivery address.
8.3 If no-one is available to sign for delivery please note that the courier will not be able to re-deliver on the same day. Any re-delivery will be made according to the conditions set out by the courier but a card will be left with appropriate information and instructions.
9 RISK AND TITLE
9.1 The Products will be at your risk from the time of delivery.
9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10 PRICE AND PAYMENT
10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
10.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide
10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Acceptance Email.
10.4 Despite our best efforts, some of the Products listed on our site may be incorrectly priced and whilst we will normally verify prices as part of our dispatch procedures we reserve the right to cancel or refuse an Order for any Products advertised at an incorrect price.
10.5 10.5 Payment for all Products must be in accordance with our payment types by credit card, debit card or PayPal
11 OUR REFUNDS POLICY
11.1 When you return a Product to us because you claim that the Product is defective, you must report this to us within 3 days of the date of delivery. at deliveries@OK5.com stating your address, the reference number (stated on the Acceptance Email) and reason for the return. Returns should be sent to OK5 Technical Inspection Unit, 16 Gunnery Terrace, Cornwallis Road, Royal Arsenal, London SE18 6SW, UK. We recommend that any Product returned is sent by registered post and we will not be responsible for returned Products unless proof of postage is provided. We will carefully examine the returned Product and check thoroughly to establish if the Product is faulty. We will notify you of any refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full but please note that return delivery charges are your responsibility and we do not offer a free return service.
11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.3 We take no responsibility for and no refund will be given if the quality of the Product is unsatisfactory due to the quality of the Content or image uploaded or to the image being cropped on the website.
12 PRODUCTS
12.1 The average time a helium balloon will float always varies according to the ambient temperature and the altitude. Normally a helium balloon will remain floating for at least 4-6 days but we give no guarantee of the time the balloon will float.
12.2 As the balloon may have been despatched or stored in a cold temperature the balloon may not appear to be fully inflated on arrival. However once placed in normal room temperature the balloon will appear fuller.
12.3 If free gifts are given as part of the Order we may substitute one item for another item of similar value.
12.4 Young children should always be supervised if given a balloon.
13 OUR LIABILITY
13.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
13.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.
13.3 This does not include or limit in any way our liability:
13.3.1 For death or personal injury caused by our negligence;
13.3.2 Under section 2(3) of the Consumer Protection Act 1987;
13.3.3 For fraudulent misrepresentation; or
13.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
13.4.1 loss of income or revenue
13.4.2 loss caused by disappointment
13.4.3 loss of business
13.4.4 loss of profits or contracts
13.4.5 loss of anticipated savings or
13.4.6 loss of data or Content.
14 IMPORT DUTY
14.1 If you order Products from our site for delivery outside the UK, they may be subject to 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.
14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
15 WRITTEN COMMUNICATIONS
15.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16 NOTICES
16.1 All notices given by you to us must be given to Magic International Limited at 66, Wigmore Street, London W1U 2SB. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17 TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18 EVENTS OUTSIDE OUR CONTROL
18.1 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 events outside our reasonable control ("Force Majeure Event").
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1 Strikes or other industrial action (including strikes by Royal Mail or our couriers).
18.2.2 Delays to our couriers normal service for any reason.
18.2.3 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.2.4 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
18.2.5 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.2.6 Impossibility of the use of public or private telecommunications networks.
18.2.7 The acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19 WAIVER
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
20 SEVERABILITY
20.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21 ENTIRE AGREEMENT
21.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
22 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions from time to time to reflect without limitation changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities
22.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Email.
23 LAW AND JURISDICTION
23.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
