Terms of service

 

Terms of service

This website, its products, logos, and trademarks are the property of ONAIE Ltd All purchases made on this website are subject to these terms and conditions. In making a purchase you agree to these Terms and Conditions in their entirety. ONAIE Ltd is a company registered on companies house under company number 09288102 with a registered office in London. Under these terms and conditions, ONAIE Ltd will be described as us or we. 

Preamble

These Terms and Conditions apply only to purchases from us made by you on this website. They do not apply to any other services offered by us that would be detailed in a separate agreement. All purchases made on this website shall be governed under these Terms and Conditions to the express exclusion of all other terms and conditions whether express, implied or otherwise created whether oral, in writing or through regular business dealings.

Nothing in these Terms and Conditions intends to conflict with any of your statutory rights under the Consumer Rights Act 2015, the Sale of Goods Act 1979 or any other relevant piece of the applicable legislation. Should these Terms and Conditions conflict with any statutory right to which you are entitled then your statutory rights will prevail. These Terms and Conditions should be interpreted in line with your statutory rights.

Any purchase between you and us will create a contractual agreement subject to these Terms and Conditions. You should be aware of these Terms and Conditions prior to making your purchase to ensure that you are fully informed of your rights and obligations.

All items on this website shall be considered an invitation to treat. We reserve the right to withdraw such an invitation at any time without reason and without liability. Once you have offered to purchase an item that offer shall only become accepted once payment has been successfully transferred. If a payment method is unsuccessful (for whatever reason) the offer shall be considered to have been rejected until a successful payment is made.

Purchases

Purchases under these Terms and Conditions are for private use only. All purchases shall be at the price stated on the website, however, a binding contract is not completed until the transfer of payment has successfully been made. We may amend or change the prices stated on the website at any time prior to sale and without warning. Any sale completed shall be at the price on completion. No refund shall be made should an item later be reduced in price following a completed sale. 

Products

Products sold under this website are of satisfactory quality within the meaning of the Sale of Goods Act 1979.

We do not guarantee that such products shall last for any period of time other than would be required under the above legislation.

Products sold on this website are sold under these Terms and Conditions. The descriptions of the products are correct to the best of our knowledge. We do not guarantee or specify that any product is fit for any particular purpose either expressly or impliedly. Any indication regarding use either on our website or orally from one of our staff are suggestions, opinions and recommendations only but are not to be considered binding terms concerning the quality or fitness of the product for any particular purpose. 

Liability

Subject to statutory requirements our liability under these Terms and Conditions (not including any liability for death or personal injury resulting from our own negligence or for any fraudulent misrepresentation made by us) shall be limited to the sale price and any delivery costs.

Intellectual Property

ONAIE is a registered trademark.

Any resale of products bought under these Terms and Conditions under these registered trademarks will be an infringement of our rights which we will pursue to the full extent allowable in law. 

We grant you a perpetual, royalty-free, irrevocable, non-exclusive license to use our intellectual property in your normal (non-commercial) use of the products to the extent as is necessary to allow you to enjoy such use. 

Data Protection

Full details of our data protection processes and policies can be found in our privacy policy available on this website. In purchasing a product on our website you consent to our use of your data in connection with the sale. Your details will be held for a period of 6 years in line with our legal and financial obligations. Full details can be found in our privacy notice.

Delivery and Returns

Prices detailed on our website are exclusive of delivery costs which will be notified to you on sale.

Delivery dates stated on the website are estimates only. All deliveries are made by third parties and specific delivery dates cannot be guaranteed. We accept no responsibility for any late deliveries due to reasons beyond our control including the actions of the third-party delivery agents. 

Delivery times may be extended during peak periods and national holidays. Where possible we will inform you of any delays.

You are at all times entitled to return any purchase within 14 days of the date of sale provided that such purchase is still within its original packaging, has not been damaged and in unused condition. 

Any defect in the item discovered on the receipt (and not caused by you) should be notified to us within 14 days of purchase. 

Nothing in this clause affects your statutory rights.

General

These Terms and Conditions are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in the event of any dispute. 

If any term of these Terms and Conditions is found to be unenforceable by any competent court (that has jurisdiction over any sale performed under this agreement) then the part of that terms that are unenforceable shall be struck from the clause with the remaining wording, and contract, remaining and enforceable. If such a clause could be rewritten in such a way that would be enforceable without changing the nature of the clause then the rewritten version shall replace the unenforceable version. 

Any obligation on a party not to do or to omit to do anything shall include an obligation not to allow such a thing to be done or omitted to be done.

The Headings used in this agreement are for information purposes only and shall not be relevant to the interpretation of the clauses under such heading.

Any reference to any enactment or legislation shall be deemed to include such amendments or replacements made from time to time.

The word ‘including’ shall be deemed to mean ‘including without limitation.’ 

Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

  • Pay in 3

  • Pay Later

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

ONAIE (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at enquiries@onaie.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in London, England before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ONAIE’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.