Terms And Conditions
Contents
- About these Terms
- About Opas
- Definitions
- Who these Terms apply to
- Ordering from Opas
- Products and Product Information
- Prices, VAT and Quotations
- Payment and Trade Credit
- Delivery
- Collection Orders
- Ownership of Goods
- Availability and Back Orders
- Returns and Refunds
- Shortages, Damage and Delivery Problems
- Product Quality, Warranty and Complaints
- Liability
- International Orders
- Events Outside Our Control
- Intellectual Property
- Quality Commitment
- Privacy, Data Protection and Cookies
- Marketplace Sales
- General Terms
- Disputes and Governing Law
1. About these Terms
At Opas, we believe our Terms & Conditions should be clear, straightforward and easy to understand. These Terms explain how we do business and set out the rights and responsibilities of Opas and our Customers.
These Terms apply to orders placed with Opas (Southern) Ltd through our website, by telephone, by email, in person, through an online marketplace, or by any other ordering method accepted by Opas.
They apply to both Business Customers and Consumers. Where different terms or legal rights apply, we explain this clearly.
Whether you are a manufacturer, retailer, trade account holder, workshop, hobbyist or individual customer, our aim is to make it clear what you can expect from Opas and what we ask from you when placing an Order.
If anything is unclear or you need help before ordering, please contact Opas.
Nothing in these Terms excludes or limits any statutory rights that cannot legally be excluded or limited.
2. About Opas
Opas (Southern) Ltd is a company registered in England and Wales.
Trading name: Opas
Registered company number: 01838862
VAT registration number: GB 423 1321 08
Registered office: 2 Station Road, West Oxted, Surrey RH8 9EP, United Kingdom
Customer Services Email: sales@opas.co.uk
Customer Services Telephone: 01903 239955
Established in 1889, Opas has supplied hardware, fittings and fastening products to businesses, manufacturers and retail customers for well over a century.
We are committed to providing reliable products, knowledgeable customer service and long-term support to customers in the UK and internationally.
3. Definitions
To keep these Terms clear and easy to read, we use the following definitions:
Opas - Opas (Southern) Ltd.
Customer - Any person, company, organisation or other body purchasing Goods from Opas.
Business Customer - A Customer purchasing Goods wholly or mainly for business, trade, profession, resale, manufacturing or commercial use.
Consumer - An individual purchasing Goods wholly or mainly outside their trade, business, craft or profession.
Goods - Any products, components, materials, hardware, fittings or other items supplied by Opas.
Order - An order placed by the Customer to purchase Goods from Opas.
Where the context requires, words in the singular include the plural and words in the plural include the singular. Headings are included to make these Terms easier to read and do not affect their meaning.
4. Who these Terms apply to
These Terms apply to all Orders for Goods supplied by Opas unless Opas has expressly agreed different terms with the Customer in writing.
For Business Customers, these Terms apply to the exclusion of any terms printed on or referred to in the Customer's purchase order, email, paperwork or other document, unless Opas expressly agrees otherwise in writing.
For Consumers, these Terms apply alongside statutory consumer rights. If any part of these Terms conflicts with a Consumer's legal rights, the Consumer's legal rights will take priority.
Where Goods are purchased through a third-party marketplace such as eBay or Amazon, the marketplace's mandatory policies may also apply. Opas will comply with those requirements where they apply.
5. Ordering from Opas
5.1 How Orders can be placed
Orders may be placed through the Opas website, by telephone, by email, in person, through agreed trade arrangements, through an online marketplace, or by another method accepted by Opas. Opas may ask for written confirmation of a telephone or verbal Order where reasonably necessary.
5.2 Order acknowledgement and acceptance
An automated order acknowledgement confirms that we have received your Order; it does not necessarily mean that we have accepted it. A contract is formed when Opas confirms acceptance of the Order or dispatches the Goods, whichever occurs first.
5.3 When Opas may refuse or cancel an Order
Opas may refuse or cancel an Order before dispatch where, for example, Goods are unavailable, payment is not authorised, there is a genuine pricing or description error, fraud or misuse is suspected, export restrictions apply, or Opas is otherwise unable to fulfil the Order.
If payment has already been taken for an Order that Opas cannot accept or fulfil, the amount paid for the affected Goods will be refunded.
5.4 Customer responsibility for Order details
Customers are responsible for checking product choices, quantities, sizes, finishes, delivery addresses and contact information before placing an Order.
If you notice an error after placing your Order, please contact Opas as soon as possible. We will do our best to make the requested change, but changes may not be possible once Goods have been picked, packed or dispatched.
6. Products and Product Information
6.1 Product descriptions and images
Opas takes reasonable care to ensure that product descriptions, specifications and images are accurate. Product images are for guidance and may not show every minor detail. Colours, finishes, surface appearance, shape and packaging may vary slightly due to lighting, screen settings, manufacturing processes, supplier changes and production batches.
6.2 Dimensions and tolerances
Unless expressly stated otherwise, dimensions shown are nominal and may be subject to normal manufacturing tolerances. Customers should check measurements carefully before ordering. If a particular dimension or tolerance is critical to your application, please contact Opas before placing your Order.
6.3 Materials and finishes
Natural materials and finishes may change in appearance over time. In particular, brass may naturally darken, oxidise or develop a patina. This is a characteristic of the material and is not necessarily a defect.
Plated, polished, cast, machined and other finished products may also show minor variations between production batches. Minor surface, casting or machining marks will not normally be considered defects where they do not materially affect the performance or intended use of the Goods.
6.4 Product suitability - Business Customers
Business Customers are responsible for checking that Goods are suitable for their intended application before installation, incorporation into another product, manufacture, resale or use.
Unless Opas has expressly confirmed otherwise in writing, Opas does not guarantee that Goods are suitable for a particular application, load, environment, manufacturing process or finished product.
6.5 Advice and technical information
Any advice, recommendation or technical information provided by Opas is given in good faith based on the information available to us. Business Customers remain responsible for determining the final suitability of Goods for their particular application, especially where Goods will be incorporated into another product, used in a safety-critical application or resold.
For Consumers, nothing in this section affects your statutory rights, including your rights where Goods are not as described, are not of satisfactory quality or are not fit for a purpose made known to Opas.
6.6 Product and specification changes
Opas may make reasonable changes to product specifications, packaging, finishes or sourcing where those changes do not materially affect the function or intended use of the Goods. Exact batch matching cannot be guaranteed unless expressly agreed in writing before the Order is placed.
7. Prices, VAT and Quotations
7.1 Prices and VAT
Unless stated otherwise, prices are shown in pounds sterling (GBP). Prices displayed to Consumers on the Opas website include VAT where applicable. Business and trade prices may be shown excluding VAT, with VAT added separately as indicated at the time of ordering, on quotations or on invoices.
Prices may change from time to time, but a price change will not affect an Order already accepted by Opas unless otherwise agreed with the Customer.
7.2 Pricing errors
Opas takes reasonable care to ensure prices are correct. If a genuine pricing error is identified before dispatch, Opas may contact the Customer to correct or cancel the affected Order. If payment has already been taken and the Order is cancelled, the amount paid for the affected Goods will be refunded.
7.3 Quotations
Unless otherwise stated, written quotations are valid for 30 days from the date of issue and remain subject to availability. Opas may withdraw or revise a quotation before acceptance where circumstances such as supplier costs, exchange rates, availability or specification changes reasonably require it. A quotation does not reserve stock unless Opas expressly confirms otherwise.
7.4 Minimum wholesale Order
The minimum wholesale Order value is £25 excluding VAT, carriage and packaging, unless Opas agrees otherwise. This minimum does not apply to retail orders unless expressly stated.
7.5 International charges
For international Orders, additional delivery, customs, import, tax or clearance charges may apply as described in Section 17.
8. Payment and Trade Credit
8.1 Payment
Payment may be made using the methods displayed on the website or otherwise agreed with Opas. Website Orders are processed following payment authorisation. Telephone, email and trade Orders may be supplied on a proforma or invoice basis depending on the Customer's agreed account arrangements.
8.2 New Business Customers
New Business Customers will normally be supplied on a proforma basis. Trade credit is offered at Opas's discretion and may be subject to satisfactory references, credit checks, payment history and internal approval.
8.3 Approved trade accounts
Approved trade accounts are normally payable within 30 days from the date of invoice unless different terms have been agreed in writing. Opas may review, reduce, suspend or withdraw credit facilities where reasonably necessary.
8.4 Late payment
Where a Business Customer fails to pay an amount when due, Opas may charge interest, compensation and reasonable debt-recovery costs to the extent permitted by applicable late-payment legislation. Opas may also suspend further deliveries, place the Customer's account on hold or withdraw credit facilities until overdue amounts are paid.
8.5 Set-off and invoice queries
Business Customers must pay invoices without deduction or set-off unless agreed by Opas or required by law. If there is a genuine invoice query, the Customer should contact Opas promptly so that it can be investigated.
8.6 Credit limits
Opas may set and change internal credit limits. Further Orders may be held or supplied on a different payment basis where a credit limit is exceeded or invoices are overdue.
9. Delivery
9.1 Delivery times
Opas will make reasonable efforts to deliver Goods within the estimated delivery time. Delivery dates and times are estimates unless Opas has expressly agreed a guaranteed delivery date in writing. If a delay occurs, we will try to keep the Customer informed where reasonably possible.
9.2 Delivery address
The Customer is responsible for providing a complete and accurate delivery address. The Customer may be responsible for reasonable additional charges caused by incorrect or incomplete delivery information. Opas will try to follow reasonable delivery instructions but cannot guarantee that a carrier will always be able to do so.
9.3 Delivery charges
Delivery charges will be shown at checkout, stated on a quotation or otherwise agreed with the Customer. Additional charges may apply to remote, offshore, non-mainland UK or international destinations.
9.4 Failed delivery
If delivery cannot be completed because nobody is available, access is restricted, or the Customer has supplied incorrect or incomplete details, reasonable redelivery, storage or return charges may apply. If Goods are returned to Opas, the Customer should contact us to arrange the next steps.
9.5 Part deliveries
Opas may make an Order in more than one delivery where reasonable, including because of availability, stock location or carrier arrangements.
9.6 Risk in the Goods
For Consumers, responsibility for the Goods passes to the Consumer when the Goods come into the physical possession of the Consumer, or a person identified by the Consumer to receive them. Where the Consumer independently arranges a carrier that was not offered by Opas, responsibility may pass when the Goods are handed to that carrier, as permitted by law.
For Business Customers, risk in the Goods passes when the Goods are delivered to the agreed delivery address, collected by the Customer or the Customer's representative, or handed to a carrier arranged by the Customer.
Where a Business Customer arranges its own courier or carrier, risk passes when the Goods are handed over to that courier or carrier.
10. Collection Orders
10.1 Collecting from Opas
Customers may collect Orders from Opas during our normal opening hours. Customers must wait until Opas has confirmed the Order and confirmed that the Order is ready for collection before travelling to collect it.
10.2 Proof of Order and collection by another person
Opas may ask for the Order number, invoice, confirmation email or other reasonable proof of the Order before releasing Goods.
If another person is collecting on the Customer's behalf, the Customer should let Opas know where reasonably possible. Opas may refuse to release Goods where we have reasonable concerns about the collector's identity or authority to collect the Order.
10.3 Risk on collection
For Business Customers, risk in the Goods passes when the Goods are collected by the Customer, the Customer's representative or a carrier arranged by the Customer.
For Consumers, risk passes when the Goods come into the physical possession of the Consumer or a person identified by the Consumer to collect them, subject to the Consumer protections described in Section 9.6.
11. Ownership of Goods
11.1 Ownership until payment
Ownership of Goods supplied by Opas remains with Opas until Opas has received full payment for the Goods and any other amounts due from the Customer.
Until ownership passes, the Customer must take reasonable care of the Goods.
11.2 Business Customers using or reselling Goods
A Business Customer may use, process, incorporate or resell Goods in the ordinary course of its business before ownership has passed, provided its account is not overdue.
The Customer remains responsible for paying Opas in full in accordance with the agreed payment terms.
11.3 Overdue accounts
If a Business Customer fails to pay an amount when due, Opas may suspend or cancel further supplies and may require the return of identifiable unpaid Goods.
Where legally permitted, Opas may take reasonable steps to recover identifiable Goods that remain the property of Opas.
11.4 No waiver
Allowing a Business Customer to use, process, incorporate or resell Goods before payment does not waive Opas's right to receive full payment.
12. Availability and Back Orders
12.1 Product availability
All Goods are subject to availability. Although Opas takes reasonable care to maintain accurate stock information, stock discrepancies, supplier shortages, damaged stock, discontinued products or Orders placed through different sales channels may occasionally mean that Goods are unavailable after an Order has been placed.
12.2 If Goods are unavailable
If we are unable to supply all or part of an Order, Opas will contact the Customer as soon as reasonably possible. Depending on the circumstances, we may offer the Customer the option to:
- wait until the Goods become available;
- choose a suitable alternative;
- accept a part delivery with the remaining Goods to follow;
- place the unavailable Goods on back order; or
- receive a refund for any unavailable Goods already paid for.
12.3 Alternative products
Opas will not substitute a materially different product without the Customer's agreement.
12.4 Discontinued Goods
Products may occasionally be discontinued by Opas or our suppliers. Where this happens after an Order has been placed, we will contact the Customer and, where possible, offer a suitable alternative or refund any amount already paid for the unavailable Goods.
13. Returns and Refunds
13.1 Contacting Opas about a return
Customers should contact Opas before returning Goods wherever reasonably possible so that we can provide the appropriate return instructions and deal with the return efficiently.
13.2 Faulty, damaged or incorrect Goods
If Goods are faulty, damaged on arrival, not as described or supplied incorrectly, please contact Opas as soon as reasonably possible. We may ask for photographs, product details, batch information or other reasonable information to help us investigate.
Where Opas is responsible, we will provide the appropriate remedy in accordance with the Customer's legal rights and, where applicable, arrange or reimburse reasonable return costs.
13.3 Business Customer returns
Business Customers may request the return of standard stock Goods within 14 days of delivery, subject to prior agreement by Opas.
Goods must be unused, in resaleable condition and, where reasonably applicable, in their original packaging.
The Business Customer is responsible for the cost of returning the Goods and a 20% handling and restocking charge will apply to accepted returns unless Opas agrees otherwise.
13.4 Business Goods we do not normally accept back
Unless the Goods are faulty, incorrectly supplied, or the Customer has another applicable legal right to return them, Opas does not normally accept the return of special-order or non-stock Goods obtained specifically for the Customer, Goods that have been installed or modified, Goods damaged after delivery, or Goods that are no longer in resaleable condition.
13.5 Consumer change-of-mind cancellation
Consumers purchasing at a distance, including through the Opas website, normally have the legal right to cancel an Order without giving a reason within 14 days after receiving the Goods, subject to any exceptions provided by law.
After notifying Opas of the cancellation, the Consumer must return the Goods without undue delay and no later than 14 days after notifying us.
Unless the Goods are faulty, incorrectly supplied, or Opas has agreed otherwise, the Consumer is responsible for the direct cost of returning the Goods where the Consumer has been informed of this responsibility as required by law.
13.6 Handling returned Consumer Goods
Consumers may inspect and handle Goods as they reasonably would in a shop. Opas may reduce a refund where the value of the Goods has been diminished by handling beyond what is reasonably necessary to establish their nature, characteristics and functioning, where permitted by law.
13.7 Consumer refunds
For a qualifying Consumer cancellation, Opas will refund the price paid for the returned Goods and the cost of Opas's least expensive standard delivery option. If the Consumer chose a more expensive delivery service, the additional delivery premium does not have to be refunded.
Refunds will be made within the period required by law, generally no later than 14 days after Opas receives the Goods back or receives evidence that they have been returned, as applicable. Refunds will normally be made using the original payment method unless otherwise agreed.
13.8 Commercial discretion
Opas may, at its discretion, accept a return or offer a credit where it is not legally required to do so. Doing so on one occasion does not create an obligation to do so on another.
14. Shortages, Damage and Delivery Problems
14.1 Checking deliveries
Customers should check Goods as soon as reasonably practicable after delivery to make sure that the correct Goods and quantities have been received and that there is no obvious damage.
14.2 Reporting shortages, damage or incorrect Goods
If Goods are missing, damaged in transit or incorrectly supplied, please notify Opas as soon as reasonably possible and, wherever reasonably practicable, within 72 hours of delivery.
Please provide the Order or invoice number and, where appropriate, details or photographs of the Goods and packaging so that Opas can investigate the matter promptly.
14.3 Claims reported after 72 hours
Opas understands that some Orders, particularly larger deliveries or Goods received into busy production or warehouse environments, may not be capable of being fully checked immediately.
A claim will not automatically be rejected simply because it is reported after 72 hours. However, Customers should notify Opas as soon as reasonably possible after discovering a problem.
Where a significant delay in reporting a shortage, damage or delivery discrepancy has materially affected Opas's ability to investigate the claim, verify what was supplied or pursue the matter with the carrier, Opas may take that delay into account when deciding whether the claim can reasonably be accepted.
14.4 Consumer rights
Nothing in this section limits or affects a Consumer's statutory rights in relation to faulty, damaged, incorrectly supplied or missing Goods.
15. Product Quality, Warranty and Complaints
15.1 Our commitment to product quality
Opas takes reasonable care to ensure that Goods supplied are of appropriate quality, correspond with their description and match the Customer's Order.
For Consumers, Goods will be supplied in accordance with applicable consumer law, including statutory requirements relating to satisfactory quality, fitness for purpose and description.
15.2 If you believe Goods are faulty
If a Customer believes that Goods are faulty or defective, please contact Opas as soon as reasonably possible with the Order or invoice number and details of the problem.
We may reasonably ask for photographs, product or batch information, samples, or for the Goods to be returned so that we can investigate the issue.
15.3 Remedies
Where Goods have a manufacturing defect, have been incorrectly supplied by Opas, or otherwise fail to meet the Customer's applicable legal rights, Opas will provide an appropriate remedy. Depending on the circumstances, this may include repair, replacement, credit or refund.
Nothing in this section limits a Consumer's statutory rights.
15.4 What is not normally considered a defect
Unless the Customer has applicable legal rights to the contrary, Opas will not normally be responsible for problems caused by:
- normal wear and tear;
- misuse, neglect or accidental damage after delivery;
- incorrect installation, assembly or maintenance;
- use outside the product's intended or reasonably suitable application;
- unauthorised modification or alteration;
- normal manufacturing tolerances; or
- natural changes or reasonable variations in materials and finishes of the kind described in Section 6.
15.5 Complaints
Opas aims to deal with complaints fairly and promptly. Customers should contact our Customer Services team at sales@opas.co.uk or 01903 239955, providing the Order or invoice number and as much relevant information as possible.
We will investigate the matter and work with the Customer to reach an appropriate resolution.
16. Liability
16.1 Product selection and suitability
For Business Customers, unless Opas has expressly agreed otherwise in writing, the Customer is responsible for selecting Goods that are suitable for the Customer's intended application and for checking their suitability before use, installation, manufacture, incorporation into another product or resale.
16.2 Installation and use
Opas is not responsible for loss or damage resulting from incorrect installation, assembly, modification, maintenance, storage or use of Goods contrary to instructions or outside their reasonably intended application, except where liability cannot legally be excluded or limited.
16.3 Liability to Business Customers
Subject to Section 16.4, Opas's total liability to a Business Customer arising out of or in connection with an Order shall not exceed the price paid or payable for the Goods giving rise to the claim.
To the fullest extent permitted by law, Opas will not be liable to a Business Customer for any indirect or consequential loss, or for loss of profit, revenue, production, business, contracts, goodwill or business opportunity.
Opas will also not be responsible for losses resulting from a Business Customer's selection of unsuitable Goods where Opas has not expressly confirmed their suitability in writing.
16.4 Liability that cannot be excluded
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot legally be excluded or limited.
16.5 Consumers
Nothing in this Section 16 excludes or limits a Consumer's statutory rights or any liability to a Consumer that cannot legally be excluded or limited.
16.6 Business Customer responsibility for onward use or resale
Where a Business Customer incorporates Goods into another product, modifies them, uses them as part of its own manufacturing process or resells them, the Business Customer is responsible for its own product, process, instructions and representations to its customers.
To the extent permitted by law, the Business Customer will be responsible for claims, losses or costs arising from its own misuse, modification, incorrect installation or misleading representations concerning the Goods.
17. International Orders
17.1 International supply
Opas may accept Orders for delivery outside the United Kingdom at its discretion. Availability, delivery methods, delivery charges and payment arrangements may vary depending on the destination.
17.2 Import duties, taxes and customs charges
Unless expressly stated otherwise, the Customer is responsible for any import duties, customs charges, local taxes, clearance fees or similar charges arising in the destination country.
Customers are responsible for providing any information or documentation reasonably required for customs clearance. Delays caused by customs authorities or clearance procedures may be outside Opas's control.
17.3 Local requirements and product suitability
Business Customers purchasing Goods for use, incorporation, manufacture or resale outside the United Kingdom are responsible for checking that the Goods and their intended use comply with applicable local laws, regulations, standards and requirements in the destination country.
Unless expressly confirmed by Opas in writing, Opas does not guarantee that Goods supplied for the UK market comply with every technical, regulatory or certification requirement in another country.
17.4 Intellectual property and resale
Business Customers exporting, incorporating or reselling Goods outside the United Kingdom are responsible for ensuring that their own use, branding, marketing and resale of the Goods do not infringe applicable third-party rights.
17.5 International returns
Customers should contact Opas before returning Goods from outside the United Kingdom so that appropriate return instructions can be provided.
Unless Goods are faulty, incorrectly supplied, or the Customer has applicable legal rights to the contrary, the Customer is responsible for international return carriage, customs charges and other costs associated with the return.
17.6 Consumer rights
Nothing in this section excludes or limits any mandatory rights that apply to a Consumer under applicable law.
18. Events Outside Our Control
Opas will not be responsible for a delay or failure to perform its obligations where this is caused by an event or circumstances outside our reasonable control.
Such events may include severe weather, flood, fire, power or communications failures, industrial action, significant supplier or raw-material shortages, transport disruption, epidemics or pandemics, changes in law or government action, customs delays, acts of terrorism, war or other comparable events outside Opas's reasonable control.
Where such an event affects an Order, Opas will take reasonable steps to minimise the effect of the disruption and, where reasonably possible, keep the Customer informed.
If the disruption means that Opas is unable to fulfil all or part of an Order within a reasonable period, we may cancel the affected part of the Order and refund any amount already paid for Goods that will not be supplied.
Nothing in this section affects any rights a Consumer has under applicable law.
19. Intellectual Property
19.1 Opas content and materials
Unless otherwise stated, intellectual property rights in content created by or for Opas, including product photographs, product descriptions, catalogues, technical drawings, graphics, website content, logos, branding and marketing materials, belong to Opas or are used by Opas with the permission of the relevant rights holder.
19.2 Product information
Customers and resellers may use factual product information supplied by Opas where reasonably necessary for the purchase, use or legitimate resale of genuine Goods supplied by Opas.
This does not give the Customer ownership of, or a general right to copy, Opas's copyrighted photographs, catalogue pages, graphics, technical drawings, website content or other creative materials.
19.3 Photographs, branding and marketing materials
Opas photographs, logos, branding, graphics and other marketing materials must not be copied, reproduced, published, altered or used for unrelated purposes without Opas's permission.
Where Opas gives a distributor, reseller or other Business Customer permission to use particular photographs, descriptions, logos or marketing materials to promote genuine Goods supplied by Opas, those materials must be used accurately and must not be altered or presented in a misleading way.
Opas may withdraw permission to use its materials where they are being misused or where continued use could mislead Customers or damage the Opas brand.
19.4 Third-party rights
Any third-party trademarks, brand names, product images or other intellectual property remain the property of their respective owners and may be subject to separate conditions of use.
20. Quality Commitment
20.1 Quality Management System
Opas is committed to maintaining consistent standards of quality and customer service. Opas operates a Quality Management System certified to ISO 9001:2015.
Our Quality Management System supports the way we manage areas including purchasing, supplier monitoring, product quality, customer feedback, corrective actions and continual improvement.
20.2 What our certification means
ISO 9001:2015 certification relates to the Quality Management System operated by Opas. It does not mean that every individual product supplied by Opas has been separately certified, tested or approved by BSI or another certification body.
Where an individual product has a particular certification, approval, test standard or compliance status, this will only apply where it is specifically stated in the relevant product information or confirmed by Opas.
20.3 Quality records and traceability
Where appropriate and reasonably available, Opas maintains records relating to purchasing, suppliers, product batches, quality issues and customer complaints as part of our Quality Management System.
Customers requiring particular certificates, declarations, batch information or traceability documentation should contact Opas before placing an Order to confirm whether the required documentation is available for the Goods concerned.
21. Privacy, Data Protection and Cookies
21.1 Personal information
Opas collects and uses personal information in connection with Orders, customer accounts, enquiries and our business relationship with Customers.
This may include information such as names, addresses, telephone numbers, email addresses, delivery details, billing information and details relating to Orders and transactions.
21.2 How we use personal information
Opas may use personal information where reasonably necessary to:
- process and fulfil Orders;
- arrange delivery and collection;
- manage payments, invoices and trade accounts;
- respond to enquiries and provide customer service;
- maintain appropriate business and accounting records;
- prevent fraud and protect our business and Customers; and
- comply with legal and regulatory obligations.
Opas will handle personal information in accordance with applicable UK data protection law.
21.3 Privacy Policy
Further information about how Opas collects, uses, stores and protects personal information, including information about Customers' data protection rights, is provided in the Opas Privacy Policy available on our website.
21.4 Cookies
The Opas website may use cookies and similar technologies to operate the website, remember preferences, understand how the website is used and, where applicable and permitted, support marketing and advertising.
Further information is provided in the Opas Cookie Policy available on our website and through any cookie preference or consent tools provided on the website.
21.5 Marketing communications
Where required by law, Opas will only send electronic marketing communications with the appropriate consent or where another lawful basis permits us to do so. Customers can unsubscribe from marketing communications using the unsubscribe option provided or by contacting Opas.
22. Marketplace Sales
22.1 Third-party marketplaces
Where Goods are purchased from Opas through a third-party marketplace such as eBay, Amazon or another online platform, these Terms apply to the extent that they are consistent with the marketplace's mandatory rules and applicable law.
22.2 Marketplace policies
Customers purchasing through a marketplace may also be subject to that marketplace's own terms, buyer-protection policies, payment arrangements and returns procedures.
Where a mandatory marketplace requirement conflicts with these Terms, the applicable marketplace requirement will take priority for that transaction.
22.3 Product and Order information
Opas takes reasonable care to ensure that product descriptions, prices and other information displayed on marketplaces are accurate. Where a genuine error or stock issue occurs, the relevant provisions of these Terms will apply, subject to the marketplace's mandatory rules and the Customer's legal rights.
22.4 Communication through marketplaces
Where appropriate, Customers should use the marketplace's messaging or Order system when contacting Opas about a marketplace Order. This helps ensure that communications and Order information are properly recorded.
23. General Terms
23.1 Commercial discretion
Opas may, at its discretion, offer a refund, replacement, credit, return, discount or other commercial solution in circumstances where Opas is not legally required to do so.
Any such decision applies to that particular situation only and does not create an obligation for Opas to offer the same solution on another occasion.
23.2 Changes to these Terms
Opas may update these Terms from time to time. The Terms applying to an Order will normally be those in force when the Order is placed, unless a change is required by law or otherwise agreed with the Customer.
23.3 If part of these Terms is unenforceable
If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply.
23.4 No waiver
If Opas does not immediately enforce a right under these Terms, this does not mean that Opas has given up that right.
23.5 Transfer of rights
A Business Customer may not transfer or assign its rights or obligations under these Terms without Opas's written agreement.
Opas may transfer its rights or obligations where reasonably necessary as part of its business, provided that doing so does not unlawfully reduce a Consumer's rights.
23.6 Notices and communications
Communications relating to an Order may be sent using the postal address, email address, telephone number or other contact details supplied by the Customer. Customers are responsible for keeping their contact information reasonably up to date.
23.7 Entire agreement - Business Customers
For Business Customers, these Terms together with the accepted Order, quotation and any other terms expressly agreed by Opas in writing form the agreement between Opas and the Customer in relation to the relevant Order.
Nothing in this section excludes liability for fraud or fraudulent misrepresentation.
24. Disputes and Governing Law
24.1 Resolving problems
If a Customer has a complaint or dispute relating to an Order, please contact Opas first. We will make reasonable efforts to investigate the matter and resolve the issue fairly.
Customers can contact us at sales@opas.co.uk or 01903 239955.
24.2 Governing law - Business Customers
For Business Customers, these Terms and any dispute or claim arising out of or in connection with them or an Order will be governed by the laws of England and Wales.
The courts of England and Wales will have exclusive jurisdiction in relation to disputes involving Business Customers, unless Opas expressly agrees otherwise in writing.
24.3 Consumers
These Terms are governed by the laws of England and Wales. However, if you are a Consumer, you will retain the benefit of any mandatory protections provided by the law applicable to you which cannot legally be excluded.
A Consumer may bring proceedings in any court in which they are legally entitled to bring them.