TERMS OF SERVICE

OVERVIEW

OPUX is the owner and operator of this website. The phrases "we," "us," and "our" refer to OPUX throughout the site. OPUX makes this website, including all information, tools, and services accessible via this site, available to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices mentioned here.

By using our site and/or buying anything from us, you participate in our "Service" and agree to be governed by the terms and conditions set out below ("Terms of Service", "Terms"), including such other terms and conditions and policies linked herein and/or accessible through hyperlink. These Terms of Service apply to all site users, including without limitation browsers, suppliers, consumers, merchants, and/or content creators.

Please take the time to thoroughly read these Terms of Service before visiting or using our website. You agree to be bound by these Terms of Service by accessing or using any element of the site. If you do not agree to all of the terms and conditions included in this agreement, you are not permitted to access or use the website or any of its services. Acceptance of this offer is exclusively restricted to these Terms of Service.

The Terms of Service will also apply to any new features or tools introduced to the present shop. You may always see the most recent version of the Terms of Service on this page. By making updates and/or modifications to our website, we retain the right to update, amend, or replace any portion of these Terms of Service. It is your duty to check this page for updates on a regular basis. Acceptance of modifications means your ongoing use of or access to the website after the publication of such changes.

Shopify Inc. hosts our store. They host the online e-commerce platform on which we offer our goods and services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you signify that you are at least the legal age of majority in your state or province of residence, or that you are of legal age in your state or province of residence and have granted us permission to enable any of your minor dependents to use this site.

You may not use our goods for any unlawful or unauthorised purpose, and you may not break any laws in your jurisdiction via your use of the Service (including but not limited to copyright laws).

You may not send any worms, viruses, or other disruptive programmes.

In the event of a breach or violation of any of the Terms, your Services will be immediately terminated.

SECTION 2 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

OPUX (hereinafter referred to as "We," "Us," or "Our") offers a mobile messaging programme (the "Program"), which you agree to use and participate in subject to the terms and conditions set out in this Mobile Messaging Terms and Conditions and Privacy Statement (the "Agreement"). By enrolling in or participating in any of our Programs, you acknowledge and agree to these terms and conditions, including, but not limited to, your commitment to settle any disagreements with us by binding, individual-only arbitration, as stated in the "Dispute Resolution" section below. This Agreement is designed to cover just the Program and is not intended to affect any other Terms and Conditions or Privacy Policy that may apply to your relationship with Us in other settings.

User Opt-In: The Program enables Users to receive SMS/MMS mobile communications by voluntarily opting in through web or application-based registration forms. You agree that regardless of the opt-in method you used to join the Program, this Agreement will apply to your participation in the Program. By enrolling in the Program, you consent to receive autodialled or pre-recorded marketing mobile messages at the phone number connected with your opt-in, and you understand that your permission is not necessary to complete a purchase from Us. While you agree to receive messages delivered using autodialler, the above is not intended to indicate or suggest that any or all of Our mobile communications are transmitted via an automated telephone dialling system ("ATDS" or "autodialler"). Rates for messages and data use may apply.

If you do not desire to continue participating in the Program or agree to this Agreement, you agree to respond STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us and contact us at info@opux.co.uk. You may get a second mobile message confirming your opt-out choice. You acknowledge and agree that the aforementioned ways of opting out are the only legitimate ones. Additionally, you understand and agree that any other manner of opting out, such as texting phrases other than those specified above or speaking asking removal from our list, is not a legitimate form of opting out.

Duty to Notify and Indemnify: If you intend to discontinue using the mobile telephone number used to subscribe to the Program at any time, including by cancelling your service plan or selling or transferring the phone number to another party, you agree to follow the User Opt Out process outlined above prior to discontinuing use of the mobile telephone number. You realise and agree that your agreement to comply with these terms and conditions is a substantial aspect of these terms and conditions. You also agree that if you discontinue using your mobile telephone number without notifying Us, you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of mobile messages, as a result of claims brought by individual(s) later assigned that mobile telephone number. This obligation and agreement will survive any cancellation or termination of your participation in any of our Programs.

SECTION 3 - GENERAL CONDITIONS

We have the right at any time and for any reason to deny service to anybody.

You acknowledge that your content (other than credit card information) may be sent in an unencrypted manner and may entail (a) transmissions over multiple networks; and (b) modifications to comply and adapt to technological requirements of connected networks or devices. When credit card information is sent via networks, it is always encrypted.

Without our explicit written consent, you undertake not to replicate, duplicate, copy, sell, resell or exploit any component of the Service, its usage, or access to the Service or any contact on the website through which the service is given.

The headers used in this agreement are for convenience only and will have no bearing on or impact these Terms in any way.

SECTION 4 - CHANGES TO TERMS OF SERVICE

At any time, you may see the most recent version of the Terms of Service on this page. At our sole discretion, we reserve the right to update, modify, or replace any portion of these Terms of Service by posting updates and modifications to our website. You are responsible for frequently checking our website for updates. Acceptance of any modifications to these Terms of Service is conditioned on your continuing use or access to our website or the Service after the publication of any changes to these Terms of Service.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We disclaim liability for material that is not accurate, comprehensive, or current on this site. The information included on this site is for information purposes only and should not be relied upon or used as the only basis for making choices without accessing primary, more accurate, more comprehensive, or more current sources of information. You acknowledge that any reliance on the information included on this site is at your own risk.

This webpage may contain archival material. Obviously, historical material is out of date and is supplied only for your convenience. We retain the right to make changes to the material of this site at any time, but we are not obligated to do so. You acknowledge that monitoring changes to our site is your responsibility.

SECTION 6 - GOVERNING LAW

These Terms of Service and any individual agreements whereby we give you Services will be governed and interpreted in conformity with United Kingdom law.

SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES

Our product prices are subject to change at any time and without notice.

We retain the right, at any time and without prior notice, to alter or terminate the Service (or any portion or content thereof).

We will have no liability to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

All inventory and pricing are subject to change based on supply and demand.

All prices are in Pounds Sterling in the United Kingdom.

Euro and US Dollar values are calculated using an average daily exchange rate. When your transaction is finalised, the total amount charged may vary according to the current rate of exchange.

Please keep in mind that special offer pricing are only available when the item is bought at the promotional price. OPUX does not provide refunds for things purchased at a higher price when they are not on sale.

SECTION 8 - ENTIRE AGREEMENT

We do not relinquish any right or provision of these Terms of Service by our failure to execute or enforce such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in connection with The Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any inconsistencies in the interpretation of these Terms of Service shall not be interpreted against the party that drafted them.

SECTION 9 - PRODUCTS OR SERVICES (if applicable)

Certain items and services may be solely offered online through the website. These items or services may be in limited supply and are returnable or exchangeable only in accordance with our Return Policy.

We have made every attempt to portray the colours and pictures of our items as precisely as possible. We make no warranty as to the accuracy with which your computer monitor will portray any colour.

We retain the right, but are under no obligation, to restrict the sale of our goods or Services to any individual, geographic location, or jurisdiction. On an individual basis, we may exercise this privilege. We have the right to restrict the quantity of any of our goods or services. All product descriptions and prices are subject to change without notice at any moment and at our sole discretion. At any point in time, we have the right to withdraw any product. Any offer made on this site for any goods or service is invalid where prohibited by law.

We make no warranty that the quality of any items, services, information, or other material bought or acquired by you will meet your expectations, or that the Service will be free of mistakes.

If OPUX does not have enough stock to fulfil the items you have bought, we will tell you as soon as possible and give you an alternate item (of comparable value) or a refund for the unavailable goods. OPUX is under no obligation to compensate customers for dissatisfaction.

Customers have the ability to cancel their purchase within seven business days after receiving it. If a customer exercises their right to cancel an order, they will get a refund for the product prices only within 30 days of receiving the returned products, since we do not reimburse postal expenses.

All returned items will be reimbursed or exchanged if they have not been used; shipping charges will be paid only if the goods were received incorrectly, are defective, or are damaged upon delivery; photographic proof may be requested to substantiate a claim.

Please refer to our Returns Policy for further details.

For both our and your peace of mind, we suggest Recorded Delivery on any purchases over £15

All images are illustrative in nature.

SECTION 10 - TERMINATION 

For all purposes, the parties' responsibilities and liabilities accrued prior to the termination date shall survive the termination of this agreement.

These Terms of Service are valid until and until either you or us terminate them. You may cancel these Terms of Service at any time by informing us or ceasing to use our site.

If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or if we suspect that you have failed to comply, we may also terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We have the right to decline any order submitted to us. We have the right to restrict or cancel amounts ordered per person, per household, or per order in our sole discretion. These limits may apply to purchases made by or on behalf of the same customer account, using the same payment card, and/or using the same billing and/or delivery address. If we have to amend or cancel a purchase, we will try to contact you through the email and/or billing address/phone number supplied at the time the transaction was placed. We have the right to restrict or ban orders made by dealers, resellers, or distributors in our sole discretion.

You promise to provide current, full, and accurate purchase and account information for all transactions conducted via our shop. You agree to keep your account and other information up to date, including your email address, credit card numbers and expiry dates, so that we can process your purchases and contact you as necessary.

Please refer to our Returns Policy for further details.

At our discretion, we may subject orders to further security checks. This may involve verification of credit/debit card information and a complete address. OPUX retains the right to cancel any orders that cannot be fulfilled due to the inability to provide this information.

OPUX retains the right to deliver specific orders to the address specified on the invoice. If this is the case, customers will be contacted through email.

SECTION 12 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall have no effect on the validity and enforceability of any remaining provisions.

SECTION 13 - OPTIONAL TOOLS

We may offer you with access to third-party tools over which we have no influence or input and over which we have no monitoring or control.

You understand and agree that we offer access to such tools "as is" and "as available" without any express or implied warranties, representations, or conditions, and without any endorsement. We disclaim any responsibility arising out of or in any way connected with your use of optional third-party tools.

You utilise optional tools made available via the site fully at your own risk and discretion, and you should verify that you are aware with and agree to the conditions under which the tools are supplied by the relevant third-party source (s).

Additionally, we may add additional services and/or features to our website in the future (including, the release of new tools and resources). These Terms of Service will apply to any additional features and/or services as well.

SECTION 14 - THIRD-PARTY LINKS

Certain information, goods, and services provided via our Service may include third-party resources.

Third-party links on our site may take you to websites maintained by third parties with whom we have no affiliation. We are not responsible for inspecting or analysing the content or accuracy of third-party materials or websites, or for any other third-party materials, goods, or services.

We are not responsible for any injury or damage incurred as a result of the purchase or usage of products, services, resources, material, or any other transactions undertaken in connection with any third-party websites. Please take the time to thoroughly research and understand the third-rules party's and practises before engaging in any transaction. Complaints, claims, complaints, or inquiries about third-party items should be handled to the third-party manufacturer.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless OPUX and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us specific submissions (for example, contest entries) or if you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us without restriction and in any medium. We are not and will not be obligated to (1) safeguard the confidentiality of any comments; (2) compensate for any comments; or (3) reply to any comments.

We may monitor, edit, or delete material that we deem to be illegal, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or our Terms of Service.

You promise that your comments will not infringe upon any third-intellectual party's property, copyright, trademark, privacy, or other personal or proprietary right. Additionally, you agree that your comments will not include any defamatory, illegal, abusive, or obscene content, nor will they contain any computer virus or other malware that might impair the functioning of the Service or any connected website. You may not use a fake email address, impersonate another person, or otherwise mislead us or other parties about the origin of any remarks. You are entirely responsible for the content and accuracy of any comments you post. We accept no responsibility for any remarks made by you or any other party.

All complaints will be acknowledged within seven business days, however we make every effort to address them soon. All progress will be communicated to the consumer.

SECTION 17 - PERSONAL INFORMATION

Our Privacy Policy governs your input of personal information through the shop. To access our Privacy Statement.

According to the Data Protection Act 1988, we will not disclose any of your personal information to a third party unless you expressly authorise OPUX to do so.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make no guarantee, representation, or warranty on the continuity, timeliness, security, or error-free operation of our service.

We make no representations or warranties about the accuracy or reliability of any results received via the use of the service.

You accept that we may suspend the service indefinitely or terminate it at any moment, without prior notice to you.

You explicitly acknowledge that your use of the service, or inability to utilise it, is entirely at your own risk. Except as expressly stated by us, the service and all products and services delivered to you via the service are provided 'as is' and 'as available' for your use, without representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

OPUX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, whether Due to the fact that certain states or jurisdictions do not allow the exclusion or limitation of responsibility for consequential or incidental damages, our liability will be limited to the fullest extent permissible by law in such states or countries.

SECTION 19 - ERRORS, INACCURACIES AND OMISSIONS

At times, content on our site or in the Service may include typographical errors, inaccuracies, or omissions that relate to product descriptions, price, promotions, offers, shipping costs, transit times, or availability. We retain the right to rectify any mistakes, inaccuracies, or omissions, as well as to modify or update information or cancel orders, at any time and without prior notice, if any information in the Service or on any connected website is erroneous (including after you have submitted your order).

Except as required by law, we make no commitment to update, change, or clarify anything included in the Service or on any connected website, including but not limited to price information. Without a specific update or refresh date mentioned in the Service or on any associated website, it should be assumed that all information in the Service or on any related website has been amended or updated.

SECTION 20- PROHIBITED USES

In addition to the other restrictions in the Terms of Service, you are barred from accessing the site or its content if you violate the following: (a) for any unlawful purpose; (b) to solicit others to commit or assist in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our or others' intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnic origin, or race; We reserve the right to immediately cancel your access to the Service or any connected website if you violate any of the banned usage.