1.1This document (together with any documents referred to in it) tells you the terms and
conditions upon which we will provide services (the Products) listed on
this website (the 'Website') to you.
1.2 Read through these terms and conditions policy. and limitation of our liability and your indemnity
1.2.2. Print a copy for future reference.
1.3. By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions
2. ABOUT US
2.1. This Website is owned and operated by OM ('we'/'us'/'our'), a limited
company registered in Scotland under company number: 397921 having our registered
office at Arts Complex,St Margaret’s House, Unit 520,151 London Road,Edinburgh,EH7 6AE
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4.1Wow-a2z requires a member to provide a valid email address and choose a username connected with your site activity. Depending on the services you choose, additional information may be collected, for example: billing or payment information, a telephone number, or a physical address.
4.2You may optionally choose to provide your full name and other personal information to be publicly displayed.
4.3You may connect to wow-a2z with an external application, in which case OM may receive some information from that other service.
5.1 We expect all members of OM to treat each other with respect and kindness. Remember that behind every username is a real person with feelings. Your username on wowa2z.com is your identity. You are responsible for your conduct and all content submitted under your username on OM.
5. By joining OM, you agree to abide by the policies outlined here and in our
5.3 Usernames cannot be changed except in the event of documented legal action (such as trademark infringement) at OM's discretion. Choose your username carefully.
5.4 You may not use the word "OM" in your username without permission.
5.5 You must be at least 18 years of age to hold an account on OM.
5.6 If you are under 18, you must have the permission and supervision of a parent or legal guardian who is at least 18 years of age; that adult is responsible for the account.
5.7 If you are under the age of 18, you may not utilize the Forums, Chat Rooms, unless otherwise specified by OM. When using OM, those under 18 must, at all times, have the permission and supervision of a parent or legal guardian who is at least 18 years of age.
5.8 You may not use mature, profane or racist language or images in your username, avatar and/or Personal or Business Profile.
5.9 You may not use the public areas of your account to demonstrate or discuss disputes with others or with OM.If you do this your account may be removed and your subscription fee will not be refunded.
5.10 Keep your account information updated and accurate. Your account must have a valid email address at all times. OM will use the email address on file in your account information to contact you when necessary.
5.11 OM encourages all members to resolve their own disputes. As a venue, OM cannot mediate disputes between members or other parties.
5.12 Members who do not comply with OM's policies may be subject to review, which can result in suspension of account privileges and/or termination. This includes all of your accounts by virtue of association. In other words, OM reserves the right to suspend the use of the site for a person and all username(s) he/she operates under. Suspended or terminated members will not have their subscription fees refunded.
6. OVERSEAS ORDERS
6.1. Our Website is for global use
6.2. Our members may accept orders for goods from individuals located outside the United Kingdom and can ship overseas. We are not liable for any broken contracts between buyers and sellers
6.3. If you the members agree to supply any Products ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before agreeing the price for an order being shipped abroad
6.4. Please note that when shipping products internationally, you should be aware that crossborder shipments are subject to opening and inspection by customs authorities.
6.5. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
7. Refund / Cancellation Policy
7.1 We do not give refunds but members can cancel at any time.
7.2 Non-payment occurs when a buyer does not or cannot complete payment after a transaction has been created. The seller may invoice the buyer in an attempt to collect payment before shipping. OM encourages sellers to offer buyers fair, honest feedback
7.3 Sellers are also encouraged to consider giving customers the best service they can as buyers are entitled to post feedback about their buying experiences which may be detrimental to further potential sales to the seller.
7.4 The buyer must pay at the time the transaction is created, according to the transaction agreement or according to the terms in the seller's Shop Policies.
7.5 The seller may cancel a transaction for non-payment when applicable
7.6 OM relies on sellers to submit fair, honest feedback for buyers in non-payment circumstances. Members with a low overall feedback score may be subject to review, which can result in suspension of account privileges and/or termination without refund of subscription.
8. Delivery Policy
8.1 Members will receive confirmation of their membership and password, delivered via email.
8.2 Members can list their products in a shop but orders must be taken on their own site. Therefore, delivery is organised by themselves and the buyer.
8.3 Non-delivery occurs when a seller does not or cannot ship an item after a transaction has been created and the buyer has sent payment to the seller. The buyer may file a non-delivery report with OM against the seller. When a non-delivery report is filed, both the buyer and the seller receive a notice from wowa2z about the report so they can work out the issue. OM encourages all sellers to keep records regarding proof of shipping (for example: delivery confirmation, shipping service receipt, customs form). OM relies on buyers to submit fair, honest feedback for sellers in non-delivery circumstances. Please note: a buyer who paid a seller via PayPal may have a limited time frame in which to file a claim for refund of purchase under PayPal's policies.
8.2 The seller must ship goods within a reasonable amount of time, according to transaction agreement or according to the terms in the seller's Shop Policies.
8.3 Once a OM non-delivery case has been opened by the buyer, the buyer and/or seller must respond to the case to close it.
8.4 The seller may be asked to provide OM with proof of shipping in the event of a dispute.
9.1 Every OM seller is responsible for following the laws that apply to you, your shop and your items, including any shipping restrictions for your items.
There are some types of items that we don't allow in OM's marketplace, even if they are legal and otherwise meet wowa-2z's selling criteria. Some things just aren't in the spirit of OM. The following types of items may not be listed on OM:
Drugs, drug-like substances, drug paraphernalia
Live animals, illegal animal products
Firearms and/or weapons
Items or listings that promote, support or glorify hatred toward or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation; including items or content that promote organizations with such views
Items or listings that promote or support illegal activity or instruct others to engage in illegal activity
Items or listings that promote, support or glorify acts of violence or harm towards self or others
9.2 Even beyond these standards, OM members are responsible for making important moral or ethical decisions regarding what they buy and sell on OM.
The Community is the heart of OM; all registered members are part of our community. OM has established multiple ways for members to interact with one another on the site, including personal messaging, Group Chat and the blog, multimedia Please remember that these are public spaces, so exercise common sense and be very wary about sharing personal information. Wowa-2z's role is to facilitate open discussion and support our community through constructive communication. We have some general rules for community conduct, and some spaces have additional rules.
10.1 Treat one another with respect. There is a real person behind each name.
10.2 If your account involves a person under the age of 18, you may not utilize the community features on wowa2z unless otherwise specified by OM.
10.3 (When using OM, those under 18 must, at all times, have the permission and supervision of a parent or legal guardian who is at least 18 years of age.)
10.4 Knowingly harassing, insulting or abusing other members is unacceptable.
10.5 The community spaces are not the appropriate channel to express disputes with others.
10.6 Discussing a specific member, shop or item (either by name or with identifiable hints) in a negative way is not allowed.
10.7 Specific transactions and/or feedback should not be discussed in public community spaces. Do not publicly post another person's private information without their explicit consent (for example: email, Conversations, letters, phone numbers, addresses, full names or business transactions).
10.8 Do not use the community spaces to facilitate or arrange any sort of auction or transaction outside of wowa2z's
10.9 Violating community policies may result in suspension of community or other privileges and/or account termination.
11. INTELLECTUAL PROPERTY
11.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to OM Ltd moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
11.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
11.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
11.4. You 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 from such material and content.
11.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
14.6. Products sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
12. WEBSITE USE
13. LIABILITY AND INDEMNITY
13.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
13.1.1. Death o personal injury resulting from our negligence
13.1.2. Fraud or fraudulent misrepresentation
13.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
13.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
13.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
13.3. We will not be liable if the Website is unavailable at any time.
13.4. We make no representation or warranty of any kind express or implied statutory or
otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
13.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the
13.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
13.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
13.8. We will not be liable, in contract or delict (including, without limitation,
negligence), or in respect of pre-contract or other representations (other than
fraudulent misrepresentations) or otherwise for:
13.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
13.8.2. any loss of goodwill or reputation; or
13.8.3. any special or indirect losses; or
13.8.4. any loss of data; or
13.8.5. wasted management or office time; or
13.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 13.8.1. to 13.8.6., is strictly limited to the purchase price of the Products you purchased.
13.9. If you buy any goods or services from a third party seller through our Website, the seller's individual liability will be set out in their own terms and conditions.
13.10. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
13.11. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
14.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
14.2. You undertake that any review, feedback or rating that you write shall:
14.2.1. Comply with applicable law in the UK and the law in any country from which they are posted
14.2.2. Be factually accurate
14.2.3. Contain genuinely held opinions (where applicable)
14.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
14.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
14.2.6. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
14.2.7. Not be used to impersonate any person, or to misrepresent your identity
14.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
14.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
14.5. We reserve the right to publish, edit or remove any reviews without notifying you.
15. FORCE MAJEURE
15.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
15.1.1. Strikes, lock-outs or other industrial action
15.1.2. Shortages of labour, fuel, power, raw materials
15.1.3. Late, defective performance or non-performance by suppliers
15.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
15.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
15.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.1.8. Acts, decrees, legislation, regulations or restrictions of any government
15.1.9. Other causes, beyond our reasonable control
15.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
15.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or your buyer may, by written notice to the other, terminate the Contract with immediate effect upon service
16.1. In order to monitor and improve customer service, we sometimes record telephone calls.
17. EXTERNAL LINKS
17.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. 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 in any way, whether directly or indirectly, for:
17.1.1. The privacy practices of such websites
17.1.2. 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
17.1.3. The use which others make of these websites; or
17.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
18. LINKING TO THE WEBSITE
18.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
18.2. Any agreed link must be:
18.2.1. To the Website's homepage
18.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
18.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
18.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
18.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
18.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
19.1. All notices given by you to us must be given to us at Arts Complex, St Margaret’s House, Unit 520, 151 London Road, Edinburgh, EH7 6AE
or by using [email protected] We may give notice as described in clause 3.
19.2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any
letter. In proving the service of any notice, it will be sufficient to prove, in the case of a
letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the
20. ENTIRE AGREEMENT
20.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
20.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
21.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
21.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
21.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
21.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the
Contract and the remainder of the provision in question will not be affected.
21.5. All Contracts are concluded and available in English only.
21.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
21.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
21.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3.
21.9. Any Contract between you and us is binding on you and us and on our respective
successors and assigns. You may not transfer, assign, charge or otherwise dispose of
the Contract, or any of your rights or obligations arising under it, without our prior written
consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a
Contract, or any of our rights or obligations arising under it, at any time during the term of
22. GOVERNING LAW AND JURISDICTION
22.1. The Website is controlled and operated in the United Kingdom.
22.2. Every purchase you make shall be deemed performed in Scotland