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Over The Influence (OTI) Limited

Consumer goods and services terms and conditions

 

Where to find information about us and our products

You can find everything you need to know about us, Over The Influence (OTI) Limited, and our products on our website before you order. We also confirm the key information to you in writing after you order, either by email, in your online account or on paper.

When you buy from us you are agreeing that:

  • We only accept orders when we've checked them.

  • Sometimes we reject orders.

  • We charge you when we accept your order.

  • We charge interest on late payments.

  • We pass on increases in VAT.

  • We're not responsible for delays outside our control.

  • Products can vary slightly from their pictures.

  • You have a legal right to change your mind.

  • You can end an on-going contract (find out how).

  • You have rights if there is something wrong with your product.

  • We can change products and these terms.

  • We can suspend supply (and you have rights if we do).

  • We can withdraw products.

  • We can end our contract with you.

  • We don't compensate you for all losses caused by us or our products.

  • We use your personal data as set out in our Privacy Notice.

  • You have several options for resolving disputes with us.

  • Other important terms apply to our contract.

We only accept orders when we've checked them

We contact you to confirm we've received your order and we accept it when we dispatch or supply the product to you.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the UK, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when we accept your order

However, for some products we take payment at regular intervals, as explained to you during the order process. You will own any goods you buy once we have received payment for them in full.

We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, then we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but you can contact us (at otihq@overtheinfluence.co.uk) to end the contract and receive a refund for any products you have paid for in advance, but not received.

Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on your device or its packaging may be slightly different.

You have a legal right to change your mind.

For our products bought online you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind.

You can't change your mind about an order for:

  • services, once these have been completed;

  • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

  • goods that are made to your specifications or are clearly personalised; and

  • goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind.

If you change your mind about a product you must let us know no later than 14 days after:

  • the day we deliver your product, if it is goods, for example one of our mugs. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.

  • the day we confirm we have accepted your order, if it is for a service, for example one of our adventures.

How to let us know.

To let us know you want to change your mind, contact our Customer Service Team: otihq@overtheinfluence.co.uk.

You have to return the product at your own cost.

If your product is goods, for example, a mug, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You should:

  • send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods which can't be posted, please contact us at otihq@overtheinfluence.co.uk.

We only refund standard delivery costs.

We don't refund any extra you have paid for express delivery or delivery at a particular time.

You have to pay for services you received before you change your mind.

If you bought a service we don't refund you for the time you were receiving it before you told us you'd changed your mind.

We reduce your refund if you have used or damaged a product.

If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Please contact us (otihq@overtheinfluence.co.uk) and we can advise you on whether we're likely to reduce your refund.

When and how we refund you.

If your product is a service or goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You can end an on-going contract (find out how)

We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription for goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact us at otihq@overtheinfluence.co.uk.

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact us at otihq@overtheinfluence.co.uk. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

 

Summary of your key legal rights

If your product is goods, for example a mug, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • Up to 30 days: if your goods are faulty, then you can get a refund. 

  • Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 

  • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

 

If your product is services, for example an adventure, the Consumer Rights Act 2015 says:

  • You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

  • If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.

  • If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

We can change products and these terms

Changes we can always make.

We can always change a product:

  • to reflect changes in relevant laws and regulatory requirements; and

  • to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product.

Changes we can only make if we give you notice and an option to terminate.

We can also change our products or these terms, but if we do so we'll notify you and you can then contact us to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product.

We do this to:

  • deal with technical problems or make minor technical changes;

  • update the product to reflect changes in relevant laws and regulatory requirements; or

  • make changes to the product (see We can change products and these terms).

 

We let you know, may adjust the price and may allow you to terminate.

We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product then we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than four weeks you can contact us (at otihq@overtheinfluence.co.uk) to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

We can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for goods. We let you know at least one week in advance and we refund any sums you've paid in advance for products which won't be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

  • you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;

  • you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or

  • you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.

We don't compensate you for all losses caused by us or our products

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.

  • Avoidable. Something you could have avoided by taking reasonable action.

  • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in our Website Terms & Conditions.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice.

You have several options for resolving disputes with us

Complain to us. We will do our best to resolve any problems you have with us or our products.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you're not satisfied with the outcome you can still go to court.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer please contact us.

You can only transfer your contract with us to someone else if we agree to this. We may not agree to such a transfer. If we do agree to such a transfer, then we can require the new owner to prove you transferred the product to them.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

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