Terms and Conditions
(Updated 08th January 2017)
- read through these terms and conditions carefully before using this website.
- print a copy for future reference.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 When you use certain OBD services (including without limitation Gift list service) please read the additional information provided with regards to such services as this information will provide you with full details on how to use such services.
1.4 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password ("Password Details"). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
2. Order process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 Following your order, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from OBD.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds). For Click & Collect orders, completion of the contract between you and us will take place when the products ordered have been collected from the store. For services, where there is no physical product, the contract between you and us will take place upon email confirmation of the acceptance from ourselves.
2.4 We do not file/ store any of your personal details that are given on this website.
2.5. The creation of the web site should take no longer than 4 weeks, however this may be longer in some cases due the size of the site and the amount of alterations made. In any case regular contact will be made with regards to the process of the site.
2.6 Alterations can be made to ensure you’re completely satisfied with the product, however it is at the management’s discretion whether too many alterations are being made. (Applies to logos and sites.)
2.7 After the site is complete we can make adjustments and add more content free of charge as required, but as in point 2, this is about fair usage and it is ultimately the management’s discretion if they feel that this service is being abused.
2.8 The site will be designed to your specifications, however some requests just aren’t feasible/possible, and we reserve the right to refuse certain elements if we feel it doesn’t create a good product.
2.9 We will not create a site, or part of, that is racist/homophobic/fascist or anything we find offensive.
2.10 The design process can be performed in stages and you have the right to cancel the order from 30 days of paying the deposit, you will only be charged for work done up until the point of cancellation, in most cases this would be covered by the deposit which is none refundable in most cases.
2.11 The first year of hosting is included in the price of design, from year 2 this will be the only cost you have to keep your website up and running year after year, unless you take a premium feature.
2.12 Currently the hosting cost is £75 per annum; this will be fixed for your first 5 years and is only then subject to inflation set by the BOE. It is likely for this charge to not increase at all over the life of your product but there may be exceptional occasions where the hosting fee is increased, in which case you will be contacted at least 30 days in advance, and be given the choice to accept or cancel your product.
2.13 The hosting fee is paid in full once a year on your anniversary date which will be set from the day your domain is purchased. You could lose your domain if you fail to pay your hosting on time.
2.14 You will be given notice of your hosting fee charge before it is due, and it has to be paid on or before your renewal date otherwise the site will not be active. You have 6 months to switch your account back on (by paying the hosting fees) before your account is finally terminated.
2.15 There is no contract to keep the hosting with us and we will happily transfer your domain to any other hosting operative, however any website designed by us will remain our property.
3.1 This website is only for delivery of products to customers in mainland UK and Northern Ireland addresses.
All goods must be signed for by an adult aged 18 years or over on delivery.
3.2 We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. OBD shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered to you or are left with a person or place nominated by you.
4.1 We take payment from your card or PayPal account at the time we receive your order, once we have checked your card or PayPal details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by paypal can be found at www.paypal.com (OBD is not responsible for the content of external websites.)
4.2 To ensure that your credit, debit, charge card or PayPal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 a) Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being despatched or in store prior to the collection of the goods). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.
b) If you reserve a product and the price changes (due to normal fluctuations e.g. goods going into or coming out of promotion) before you collect the item, you may request to pay the lowest of (i) the price on reservation or (ii) the prevailing price in store at the time of collection. This will also apply if your reservation is extended but not if the reservation collection window has expired.
Proof of reservation would include: -
- Reservation Number
- Print out from the internet
- Text message/email showing reservation number
For Click & Collect orders where payment is made at the time of ordering for in store collection, the price you pay is the price specified at the point of placing the order and not the prevailing price in store at the time of collection. If on collection it is the case that the item has come down in price since the Click & Collect order was placed, we will be happy to refund the purchase price and re- sell the item at the lower price. If the price has gone up from when the order was placed, it remains valid unless there has been a price error (see 4.3 (a))
4.3.1 If, in our opinion, any person or persons, whether acting on behalf of themselves or a business, engages in practices that call into question the fair use of the check and reserve system, we reserve the right to cancel reservations and / or to restrict / block access to the check and reserve system for that person or persons. Examples of such activity may include placing significant numbers of reservations where the goods are not subsequently collected, placing significant numbers of reservations for the same product without them being subsequently collected and the selling of reservation confirmations. This list is not exhaustive.
4.4 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. For Click & Collect orders, the title to products shall pass to you once the goods have been handed over to you in store. For OBD services the title will pass to you upon completion of that service and confirmed in writing.
4.5 All prices are shown in £s sterling and include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Home delivery information for further details including Express delivery charges).
5. Returns, Cancellations and Substitutions
5.1 We offer a 30-day money back guarantee. In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and refunds section.
5.2 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it in accordance with our 30-day money back guarantee, a confirmation email will be sent informing you of the change before the item(s) is sent. Where applicable, you may cancel your order in accordance with your rights under the Consumer Contracts (Information, Cancellation & Additional Charges Regulations (see the Returns and refunds page for further details)
5.3 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, OBD will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. OBD will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and OBD accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, OBD will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 OBD's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 If you are planning to use the products and services we provide for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 OBD shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by OBD.
8.6 OBD reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 No delay or failure by OBD to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of OBD.
8.9 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and OBD relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and OBD for your use of this website.
What are cookies?
9.1 A cookie is a text file containing small amounts of information which is placed by a website within a computer or device through your web browser; the cookie is subsequently sent back to the same website by the browser. Cookies are designed to assist your computer or device to remember something the user has done within that website e.g. remembering that the user has logged in, or which buttons have been clicked.
9.2 There are specific cookies related to knowing a user is logged in or not. These are known as authentication cookies. Authentication cookies are important for the website to know what information to show you, or if it needs to ask you to log in.
9.3 If you wish to find out more about cookies, we find this website quite helpful www.aboutcookies.org
9.5 Cookie terminology
Session cookies - only last for the duration of your browsing session on the website. Your web browser would normally delete these when you close the browser.
Persistent cookies - these last longer than the browser session e.g. if you log into a website and then return to the website some days later, the website knows who you are and displays a welcome message to you. Persistent cookies enable this to happen.
First party cookies - these are set by the domain (or sub-domain) in the web browser.
Third party cookies - these are set by a different domain to the one on the website you are looking at.
Cookies - Frequently Asked Questions
9.7 Do I have to accept cookies?
To make full use of the OBD shopping experience, cookies need to be enabled on your browser; certain features will not work if you reject cookies. Cookies are used to offer a personalised experience when browsing the website on your computer, tablet, or mobile phone.
If you choose not to allow cookies you will still be able to browse the site but your experience will not be as good as if you have cookies enabled. Without cookies you will not be able to place a home delivery order or make bookings as cookies are required for the ordering process to be completed.
9.8 Are cookies used on web, mobile, tablet and apps?
Yes, cookies, or other data storing devices are used on all of our digital channels (web, mobile, tablet and Apps).
We know that lots of our customers now shop using more than one channel, so we've put all the information about cookies and similar technologies on each of the channels we offer right here, in one place. So whether you read these pages from your computer, your mobile phone, or your tablet, you can find out about our cookies and similar technologies and our policy all in one place. It's just one of the things we do to make your life as a valued Argos customer, easier.
9.9 How long do you keep cookies for?
On the whole we only keep cookies for the duration of your visit to one of the OBD channels (website, mobile website etc) except where indicated otherwise.
9.10 Do cookies contain my personal information?
No, cookies do not contain confidential information such as your home address, telephone number or credit card details.
Managing your cookies
9.11 You have different options to manage the cookies on your computer or device. You can change your browser settings to prevent cookies from being accepted, or, depending on which browser you are using, you might be able to receive an alert when a website is trying to place one on your browser. With most browsers you can allow first party cookies to be set but refuse third party cookies.
9.12 If you change your cookie preferences, you will still be able to browse around the site but certain functions will not be available, for example you will not be able to place a booking or a home delivery order, set up a new account or access an existing account. Also, by not allowing cookies, some of our standard functionality will not work, for example deleting certain cookies will remove items from your trolley or sign you out of your online-by-design.com account. Also, in the trolley icon at the top right of the web page, it may appear that you have items in your trolley, although these may actually have been deleted.
9.13 Your browsers 'help' menu should tell you how to block cookies or change your cookie settings. How you adjust your browser will depend on the browser you are using.
9.14 You can delete cookies stored in your browser by using a function in your browser. Whilst this does not mean you won't collect cookies in the future, it gives you freedom to delete your cookies after you have been online. This function is often known as 'clearing cookies'.
9.15 Clearing your cookies on one browser of one device does not automatically clear them on another. You need to clear all browsers on all channels independently.
9.16 You can find some helpful information about controlling your cookies on www.aboutcookies.org *
* Link will open in a new window. OBD is not responsible for the content of external websites
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the OBD website, please see the Contact Us section for full contact details.