9. Availability

• Ozenda endeavours to ensure availability of all our products, however we cannot warranty availability.
• In the unlikely event that your chosen product is unavailable, we will contact you ASAP to advise you of expected delivery dates.
• If the product that has been ordered is still not available after the indicated waiting period has elapsed, we will contact you to you advise you of revised delivery dates.
• If the Customer does not wish to wait for the product at the revised delivery dates, they may require the refund of any money paid to Ozenda in respect of that product, including carriage charges.

10. Warranties and Returns
Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 10. Customers who are Consumers are referred to Clause 11.

• Ozenda is committed to providing our customers with the highest quality products and services. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
• Unless otherwise stated, all goods delivered to a UK mainland address carry a 12-month manufacturer's warranty from the date of delivery.
• We will replace, refund or repair faulty products if they are deemed to be faulty on arrival.
• Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you.
• If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility.
• This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
• This warranty shall not apply if the goods are defective due to neglect, misuse or accidental damage.
• All faulty products must be returned to us undamaged in the original packaging along with all accessories and instructions. Please return to: Ozenda Ltd, Meadow Cottage, Hedgerley Lane, Beaconsfield, Bucks. HP9 2JT.
• For refund, in the unlikely event that an accessory is missing or that the original packaging has been damaged, we will apply to you a 15% penalty cost of the initial price of the good.
• No replacement will be authorised if accessories are missing and /or the product is received damaged and/or the product comes without the original packaging.
• Ozenda cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
• Proof of postage is not proof of delivery and are therefore strongly advised to send your package by recorded delivery or registered post and to insure the goods for their full value.

11. The Consumer Protection (Distance Selling ) Regulations 2000

• Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Ozenda website are, with the exception of certain contracts, subject to The Consumer Protection (Distant Selling) Regulations 2000 ("the Regulations").
• If the Regulations apply, Customers may cancel goods purchased from Ozenda by sending a written notice of cancellation by post or hand delivery addressed to Ozenda Ltd, Meadow Cottage, Hedgerley Lane, Beaconsfield, Bucks. HP9 2JT or by e-mail to enquiry@ozenda.com.
• The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
• The Customer will be responsible for the cost of returning the goods if they exercise this right of cancellation under the Regulations. If the Customer does not actually return the goods to Ozenda, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
• The Customer is under a duty to retain possession of the goods whilst awaiting return to Ozenda and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if they fail to comply with this obligation.
• Only products returned in their entirety, in their original packaging, complete and intact and in perfect resale condition shall be accepted.
• Any product that has been damaged or whose original packaging has been damaged shall not be eligible for refund or exchange.

12. Ozenda's Liability

• In its dealings with Business Customers, Ozenda shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. ("Financial loss in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Ozenda's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
• Nothing in this agreement shall limit Ozenda's liability for death or personal injury caused by its negligence.

13. Health and Safety

• Ozenda confirms that the goods it supplies in course of its business do not present a hazard to health and safety
  • when properly used for the purpose for which they are designed; and
  • if the Customer takes reasonable and normal precautions in their use.

14. Force Majeure
Where, in spite of its reasonable efforts, Ozenda is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.

15. Errors and Omissions

• Ozenda makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, due to the very dynamic nature of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Ozenda will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Ozenda's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Ozenda after the manifest error has been discovered.
• A " manifest error" as the term is used in sub-paragraph (a) above, means, in relation to an incorrect price, a price quoted in error by Ozenda which is more than 10% less than the price that would have been quoted had the mistake not been made.

16. General

• Nothing in these terms and conditions affects your statutory rights as a Consumer.
• If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
• Any waiver of a breach on this Agreement must be in writing.
• Any variation of this Agreement must be in writing and signed by a duly authorised Ozenda official.
• The headings are for convenience only and shall not affect the interpretation of the Agreement.
• Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.
• These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the English courts.
• Ozenda may at its discretion record telephone transactions for staff training and quality control purposes.