Terms and Conditions of Business
Oneofmany.co.uk (“site”) is owned and operated by Shift Europe Limited, a company registered in England & Wales (ACN: 109830506) and with our registered office at 4 Old Park Lane, London W1K 1QW (Company No: 06998433) and VAT number is 983843374.
Please read these terms and conditions carefully before placing an order. By purchasing services and/or products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase services or products from this site.
2. CHANGES TO TERMS
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of this site and purchase of services or products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
If the revised terms apply to any existing provision of services, we will notify you of the changes.
4. AGE RESTRICTION
You shall not purchase any services or products from our site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.
5. ACCEPTANCE OF ORDER
5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.
5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.
6. ENTIRE AGREEMENT
7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
8. PROVISION OF SERVICES
8.1 We will supply the services to you from the date set out in the order.
8.2 We will make every effort to complete the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.
8.3 We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.
8.4 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.
9. IF THERE IS A PROBLEM WITH THE SERVICES
9.1 In the unlikely event that there is any defect with the services:
a) please contact us and tell us as soon as reasonably possible;
b) please give us a reasonable opportunity to repair or fix any defect; and
c) we will use every effort to repair or fix the defect within 28 days.
9.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9.3 If the Contract is of an indefinite duration, once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:
a) we break this contract in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;
b) we go into liquidation or a receiver or an administrator is appointed over our assets;
c) we change these Terms to your material disadvantage;
d) we are affected by an Event Outside Our Control.
10. PROVISION OF PRODUCTS
10.1 Your legal right to cancel a Contract in relation to the purchase of products starts from the date on which you receive the Email Confirmation.
You may cancel the Contract 14 days after the day on which you received the Product or if the Contract is for a regular delivery of the product over a set period of time, you may cancel the Contract 14 days after the day on which you receive the first delivery of the products.
10.2 If you cancel your Contract we will:
a) refund you the price you paid for the products after deducting any reduction in the value of the products that has been caused by your handling them in an unacceptable manner.
b) refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(ii) if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you notify us that you intend to cancel the Contract.
10.3 If you have returned the product because it is faulty or mis-described, we will refund the price of the product in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.4 Refunds will be made to you on the credit card or debit card used by you to pay.
10.5 If a product has been delivered to you prior to your decision to cancel your Contract:
a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. If we have offered to collect the product from you, we will collect the product from the address to which it was delivered;
b) you will be responsible for the cost of returning the product to us except where the product is faulty or not as described. If the product cannot be returned by post, then the costs of delivering it by carrier should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, you will be charged with the direct cost to us of collection.
10.6 As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens' Advice Bureau or Trading Standards office. ]
11.1 We will let you know the estimated delivery date which will be within 30 days after the date of the Email Confirmation. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 16 below.
11.2 If no one is available at your address to take delivery, we will leave you a note to rearrange delivery.
11.3 Delivery of an Order shall be deemed to be completed when:
(i) we deliver the product to the address given by you;
(ii) we deliver the product directly to you; or
(iii) a carrier organised by you to collect the product from us collects the product from us and you will be responsible for the product from that time.
11.4 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the product.
11.5 If we fail to deliver the product within 30 days, then you may cancel your Order straight away if any of the following applies to you:
a) we have refused to deliver the product;
b) delivery within the delivery deadline was essential considering relevant circumstances; or
c) you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.
11.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.5, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.
12. DIGITAL PRODUCTS
12.1 In relation to digital content not on a tangible medium, you may cancel the contract at any time up to 14 days after the day on which the contract is entered into.
12.2 Notwithstanding clause 12.1, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in clause 12.1 and you acknowledge that you will lose your cancellation rights.
13. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
13.1 We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:
a) we will promptly contact you to let you know;
b) if you have made any payment in advance for services or products that have not been provided to you, we will refund these amounts to you;
c) where we have already started work on your order for services, we will not charge you anything and you will not have to make any payment to us.
13.2 Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
13.3 We may cancel the contract for services at any time with immediate effect by giving you written notice if:
a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or
b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing.
14. INTERNATIONAL DELIVERY
14.1 Delivery of products to International Delivery Destinations will be subject to applicable import duties and taxes payable by you. Prior to placing an order you should contact your local customs office for information on this.
14.2 You agree to comply by all applicable laws of country to which products are delivered and we shall not be liable for any such violations.
15. PRICE AND PAYMENT
15.1 Prices of the services and products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
15.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.
15.3 Delivery cost of any products is not included in the price specified for a product. It will be added to the due amount.
15.4 Despite our best efforts, there may be incorrect prices on some of the services or products. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.
15.5 Payment for services is to be made in advance by credit card, debit card or Paypal except where agreed otherwise in writing between us.
15.6 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays LL 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.
16. LIMITATION OF LIABILITY
16.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.2 Services and products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.
16.3 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(c) defective products under the Consumer Protection Act 1987;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).
17. CIRCUMSTANCES BEYOND OUR CONTROL
17.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
17.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
17.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
17.4 you will be notified as soon as reasonably possible; and
17.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date for any products ordered is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.
17.6 If Circumstances Beyond Our Control occur and you do not wish us to provide the services, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights.
18.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Shift Enterprises Pty Ltd at 4 Old Park Lane, London W1K 1QW or by clicking here.
18.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.
19.1 We may assign our rights and obligations under these Terms to any another person or entity. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
19.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
19.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
19.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
19.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
19.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
20. CONTACT US
20.1 For any questions or queries you can contact us at 0203 355 6639 or e-mail us by clicking here.