OKdo Terms and Conditions of Sale

Last updated – March 2019

Terms & Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHT TO BRING A LAWSUIT IN COURT TO RESOLVE ANY DISPUTES ARISING HEREUNDER. These terms and conditions state that any dispute between you and OKdo regarding these terms and conditions of sale and/or the products you purchase from OKdo must be resolved in binding arbitration on an individual basis, and in any event may not proceed on a class basis or otherwise seek class-wide relief.

1.             These terms

1.1          These are the terms and conditions on which we supply products to you.
1.2          Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end a contract, what to do if there is a problem and other important information. If you would like to discuss any aspects of these terms, please contact us.

2.             Who we are and how to contact us

2.1          We are OKdo Technology Limited a company registered in England and Wales (“OKdo”, “we”, “us”, “our”). Our company registration number is 11502983 and our registered office is at 2 Pancras Square, London, N1C 4AG. Our registered VAT number is GB 309360708.
2.2          You can contact our customer service team by emailing us at support@okdo.com.
2.3          If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4          When we use the words “writing” or “written” in these terms, this includes emails.

3.             General

3.1          All orders for products on the OKdo website at okdo.com (the “website”) accepted by us are subject to these terms and conditions of sale. No other terms will apply to the supply of products by us on the website.
3.2          The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may also vary from that shown in images on our website.
3.3          We may make minor changes to the products to:
(a)           reflect changes in relevant laws and regulatory requirements; and
(b)           implement minor technical adjustments and improvements, for example to address a security threat.
3.4          If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

4.             Prices

4.1          PRICES, AND AVAILABILITY OF THE PRODUCTS ON THE WEBSITE, ARE SUBJECT TO CHANGE WITHOUT NOTICE.
4.2          The price of a product (which includes any applicable taxes) will be the price indicated on the order pages when you placed your order Prices for the products are stated and are payable in United States dollars (USD). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 4.4 for what happens if we discover an error in the price of the product you order.
4.3          If the rate of VAT or other taxes changes between your order date and the date we supply the product, we will adjust the rate that you pay, unless you have already paid for the product in full before the change in the rate takes effect.
4.4          It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we will cancel the order, refund you any sums you have paid and require the return of any products provided to you.
4.5          Products which are advertised as discounted have been advertised and offered for sale at the higher price before the relevant discount started. However, by using the website, you acknowledge that these products may have been sold at a lower price from time to time.

5.             Ordering

5.1          In order to place an order, you must follow the steps set out on the website. Our acceptance of your order will take place when we confirm that acceptance to you, at which point a contract will come into existence between you and us.
5.2          OKdo reserves the right to decline to trade with any person. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
5.3          We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

6.             Delivery

6.1          The costs of delivery will be as displayed to you on our website.
6.2          During the order process we will let you know when we will provide the products to you. Although we will do our best to meet these timeframes, they are not guaranteed.  All delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
6.3          If our supply of the products is delayed beyond 6-8 weeks by an event outside our control, then we will contact you as soon as possible to let you know and provide an updated shipping date, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay or if there is a further delay beyond the revised shipping date, we will contact you again and you may decide whether to wait or to end the contract and receive a refund for any products you have paid for but not received.
6.4          If we miss the delivery deadline for any products as we have refused to deliver them then you may treat the contract as at an end straight away.

7.             Payment

7.1          We accept payment with the payment methods detailed on the website. You must pay for the products before we dispatch them.
7.2          We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 1% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7.3          If you think a payment, or request for payment, is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date

8.             Ownership and responsibility

You own a product once we have received payment in full. A product will be your responsibility from the time we deliver the product to the address you gave us.

9.             Limited warranty

9.1          What the limited warranty covers: this limited one year warranty applies to the purchase of our products from this website. OKdo warrants that a product that you purchased from us is free from defects in materials or workmanship under normal household use in accordance with published instructions for a period of 1 year from the date of purchase, subject to the conditions, exclusions, and exceptions listed below. Your online receipt, showing the date of purchase, is your proof of purchase.
What OKdo will do under the limited warranty: upon presentation of proof of purchase, OKdo, at your option, will either (a) replace the product with a new product; or (b) provide a full refund of your purchase price upon return of your product.

What the limited warranty does not cover: This warranty does not cover any product that has been damaged or rendered defective or unusable as a result of: (a) accident, misuse, or abuse; (b) use not in conformity with published directions; (c) negligent handling; (d) repairs, service, or alteration to the product or any of its parts by a person not authorized by OKdo; or (e) an act of God.

OKdo will not be liable for indirect or consequential damage, or for damage caused by improper use, or by improper installation, unprofessional repair, modification or accident.  This constitutes OKdo’s entire liability, which will never exceed the price you paid for the product, plus the necessary costs associated with the warranty claim.

OKDO DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.  IF OKDO CANNOT DISCLAIM IMPLIED WARRANTIES UNDER APPLICABLE LAW IN THE STATE WHERE YOU LIVE, THEN TO THE EXTENT POSSIBLE, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY. THE WARRANTY DURATION ON ANY REPLACED PRODUCT WILL BE THAT PORTION OF THE WARRANTY PERIOD REMAINING ON YOUR ORIGINAL PRODUCT. This warranty gives you specific legal rights.  National, state, and local laws may grant you other rights that are not affected by this warranty.

However, this warranty is also subject to anything different in terms of warranties or guarantees for a particular product as set out on any specific product page of the website.

How to make a warranty claim:  If you wish to exercise your limited warranty rights to reject products you must post them back to us. We will pay the costs of postage. Please email us at support@okdo.com to arrange this.

10.          Export

10.1        Certain products sold by OKdo are subject to export control regulations of the United Kingdom, the United States of America, the European Union and other countries. You must not transfer, export, re-export or import any product.
10.2        You must not directly or indirectly, sell, permit to be sold, dispose of, export, re-export or otherwise provide products to any country or entity under sanction or embargo administered by the United Kingdom, the United States of America, the European Union or other country.
10.3        You promise that products purchased from OKdo will not be used, sold or incorporated into products used directly or indirectly in the design, development, production or use of chemical, biological or nuclear weapons, delivery vehicles and systems of the same or in the development of any weapons of mass destruction.
10.4        Products sold by OKdo are for your own, non-commercial use only, and are sold on that basis. Products sold by OKdo are also not recommended or authorised for any use or application in which the failure of a single component could cause substantial harm to persons or property.

11.          Liability

11.1        If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time a contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2        We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractor, for fraud or fraudulent misrepresentation, and your legal rights in relation to defective products.
11.3        If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.          Your rights to end a contract where you are not changing your mind

12.1        You can ending a contract for a reason set out at (a) to (d) below, and if you do so the contract will end immediately and we will refund you in full for any products which have not been provided, and you may also be entitled to compensation. These reasons are:
(a)           we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b)           there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c)           we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or
(d)           you have a legal right to end the contract because of something we have done wrong (including because refused to deliver the products (see clause 6.4).

13.          Your right to change your mind and cancel

13.1        For most products bought online, you have a right to change your mind and receive a refund. These rights are explained in more detail in this clause 13.
13.2        You do not have a right to change your mind in respect of products that are made to your specifications, or are clearly personalised.
13.3        You have 28 days after receiving your order (or the final item in your order) to either tell us that you wish to cancel or to send your products back.
13.4        If you wish to cancel, you have a few options:
(a)           email us at support@okdo.com;
(b)           simply return the product(s) together with the returns note received with your order;
(c)           make any other clear statement to us (e.g. by post, using the details below); or
(d)           use the model cancellation form.
13.5        Once you’ve told us you want to cancel, you must then return your order to us in full without delay (and in any event within 14 days of notifying us you wish to cancel) by post to the address below. Unless you’re sending them back because they are faulty, all products must be returned in their original condition (together with all packaging and labelling), and show no signs of use or damage.

14.          Returns costs and refunds

14.1        All returns are at your own risk.
14.2        If you are returning products because you have changed your mind, you must pay the costs of return.
14.3        We will pay the costs of return if the products are faulty.
14.4        We will give you a refund for the products without delay, and in any case within 14 days of our receipt of them. We may withhold any refund until we receive the products back, or until you can prove that you have sent them back. We may deduct the loss in value of any products, if that’s caused by your unnecessary handling of them.
14.5        Where you have changed your mind and have paid a delivery charge, we will also refund the standard delivery charge to you. Please note though, if you have used one of our quicker delivery options we will only refund the standard delivery charge. However, where you are returning products because they are faulty we will refund all delivery charges regardless of what method you used.
14.6        We will refund you using the payment method you used for the original purchase, unless we agree otherwise, and we won’t charge any fees for this.
14.7        Please return as follows:
(a)           enclose the form received with your order;
(b)           package the product(s) securely;
(c)           send your return to OKdo Chamber 2, Units 15 & 16 The Avenue, Egham, Surrey, TW20 9AB
Please obtain and keep proof of return receipt

15.          How we may end a contract

15.1        We may end a contract for a product at any time by writing to you if:
(a)           you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b)           you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c)           you do not, within a reasonable time, allow us to deliver the product to you.
15.2        If we end the contract in the situations set out in clause 15.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

16.          Privacy

16.1        Our Privacy Policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information and the procedures that we have in place to protect your privacy. It applies to personal information we collect when you order a product on the website. Please make sure that you read our Privacy Policy carefully.

17.          Other important terms

17.1        You may only transfer your rights or your obligations under a contract and these terms to another person if we agree to this in writing.
17.2        A contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end a contract or make any changes to these terms.
17.3        If a court finds part of these terms illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.4        If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide products, we can still require you to make the payment at a later date.

18.          Binding Arbitration

ANY CLAIM OR DISPUTE RELATING THESE TERMS SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these terms, these terms shall control. You can obtain procedures, rules, and fee information from the AAA at http://www.adr.org or 1-800-778-7879.  Any participatory arbitration hearing that you attend shall take place in Texas. Texas state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator(s) shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.

19.          Changes to these terms

19.1        We may revise these terms at any time, without further notice and without incurring any liability or obligation, to reflect changes in or to:
(a)           relevant laws or regulatory requirements;
(b)           security, technical or operational issues; or
(c)           our products.
If we change terms, we will post summary details of the changes on the website by indicating at the top of this page the date this Agreement was last revised.  If we have your e-mail address, we may also decide to email you with information on those changes.