Terms & Conditions
This document (together with the documents referred to on it) provides information about us and the legal terms and conditions (“the Terms”) on which we sell our products (“the Products”) listed on our website (“the Site”) to you.
The use of the Site is subject to the following Terms and is conditional on your acceptance of these Terms. Any conditions stated on the Site do not affect your statutory rights as a consumer.
These Terms will apply to any contract between us for the sale of Products to you (“the Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Site.
We amend these Terms from time to time as set out in clause 7. Each time you order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1 Information about us
1.1 We operate the websites www.opus-innovations.com, www.myhappyplanet.co.uk and www.aquaint-uk.com . We are Opus Innovations Limited, a company registered in England and Wales under company number 06810939 and with our registered office at Unit 12 The Brunel Centre, Newton Road, Crawley, West Sussex, RH10 9TU. Our VAT number is GB 996 0482 76
1.2 To contact us, please email: email@example.com
2.1 The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on the Site.
2.3 All Products shown on the Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3 Use of the Site
3.1 Your use of the Site is governed by these Terms. Please take the time to read them, as they include important terms that apply to you.
4 How we use your personal information
5 Your rights as a consumer
5.1 As a consumer, you may only purchase Products from the Site if you are at least 16 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6 How the contract is formed between you and us
6.1 After you place an order, you will receive an e-mail acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when your products are dispatched.
6.2 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Site as referred to in clause 11.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7 Our right to vary these terms
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you; or
7.1.2 changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the bottom of this page.
8 Your consumer right of return and refund
8.1 As a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 However, this cancellation right does not apply in the case of:
8.2.1 any made-to-measure or custom-made products; or
8.2.2 software, DVDs or CDs which have a security seal which you have opened or unsealed.
8.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of seven working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a Contract, you must contact us either in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to Opus Innovations Ltd, Unit 12 The Brunel Centre, Newton Road, Crawley, West Sussex, RH10 9TU or alternatively, please contact our Customer Services telephone line on 01293 516 150. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
8.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4. If you returned the Products to us because they were faulty or mis-described, please see clause 8.6.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7 We refund you by the method used by you to pay.
8.8 If the Products were delivered to you:
8.8.1 you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
8.8.2 unless the Products are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you;
8.8.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
8.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.1 Your order will be fulfilled within seven working days, unless there is an Event Outside Our Control, as defined in clause 14.2. If we are unable to meet the above timescale because of an Event Outside Our Control, we will contact you.
9.2 Delivery will be completed when we deliver the Products to the address you gave us.
9.3 If no one is available at your address to take delivery, (if applicable) we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
10 No international delivery
10.1 Generally, we do not delivery to addresses outside the UK.
10.2 We have distributers who supply our products in various countries. For a full list of countries in which our products are sold, please see our ‘Where to Buy’ or stockists page
11 Price of products and delivery charges
11.1 The prices of the Products will be as quoted on the Site from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Site.
11.5 It is always possible that, despite our best efforts, some of the Products on the Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will notify you in writing 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.
12 How to pay
12.1 You can only pay for Products as facilitated on the Site.
12.2 Payment for the Products and all applicable delivery charges is in advance.
13 Our liability to you as a consumer
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We generally supply the Products through the Site for domestic and private use. Unless known and agreed, you agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
13.3.5 defective products under the Consumer Protection Act 1987.
14 Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
14.3.1 we will contact you as soon as reasonably possible to notify you; and
14.3.2 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.
15 Communications between us
15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by either sending an e-mail to email@example.com or by sending a letter to Opus Innovations Ltd, Unit 12 The Brunel Centre, Newton Road, Crawley, West Sussex, RH10 9TU or alternatively, please contact our Customer Services telephone line 01293 516 150. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
15.2.1 If you wish to contact us in writing for any other reason, you can send this to us by e-mail to firstname.lastname@example.org or by pre-paid post to Opus Innovations Ltd, Unit 12 The Brunel Centre, Newton Road, Crawley, West Sussex, RH10 9TU or alternatively, please contact our Customer Services telephone line 01293 516 150
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16 Other important terms
16.1 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. We will always notify you by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 These Terms are governed by English law. This means a Contract for the purchase of Products through the 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 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.
16.7 We will not file a copy of the Contract between us.
Last Updated 25th October 2019