Welcome to the Terms and Conditions of OddBalls Apparel Ltd. Welcome and thank you for visiting www.myoddballs.com (“Site”) and our Terms and Conditions (“Terms”).
Oddballs is a company registered under the Companies Act, Company Number: 08860860
Oddballs provides this site as a service to its customers and we would encourage you to read the following basic rules that govern your use of our site.
OddBalls Apparel Lt (“OddBalls,” “We,” “Our,” “Us” or “Company”) operates this Site. You agree to be bound by the following Terms, in their entirety, when you: (1) Use, access, or visit the Site; (2) Purchase or receive any good or service offered through the Site, including, but not limited to, OddBalls’ Subscription Service as defined in Section 5 (“Products”); (3) Listen to, access, or view any of the text, audio, video, graphics, or other content featured on the Site (“Content”); (4) access links to or view OddBalls’ social media pages or accounts on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest, Twitter, Snapchat, and LinkedIn (“Social Media”); (5) Purchase, redeem, or sign up to receive or send OddBalls gift cards or gift certificates (including, for the purposes of these Terms, electronic versions of both) (“Gift Cards”) or Trial Offers, Sweepstakes, Contests, or Promotions(“Vouchers”, as defined in Section 9).
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
OddBalls Apparel Ltd is a private limited company with a head office at:
Tyne Tunnel Trading Estate,
2. SERVICE AVAILABILITY AND YOUR STATUS
The Site and Offerings, are intended for use by individuals in the United Kingdom (“Serviced Countries”). At this time, we do not accept orders from individuals outside the Serviced Countries. As such, by placing an Order through our Site, you warrant that you: (1) Are legally capable of entering into these Terms; (2) Are at least 18 years old; (3) Are a resident of a Serviced Country; and (4) Are accessing the Site from a Serviced Country.
The latest Terms will be posted on the Site, and you should review the Terms prior to using any Products offered by OddBalls and from time to time thereafter. By your continued use of OddBalls, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Terms in effect at the time you access any Offerings offered by OddBalls (other than for changes to the price/billing or dispute resolution pursuant to the preceding paragraph). All other amendments or modifications to the Terms shall be effective immediately upon publication on the Site.
4. ACCOUNT CREATION
In order to utilise specific features on the Site, individuals will need to create an account with OddBalls. Should you create an account with OddBalls, you agree to: (1) provide the accurate and up-to- date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; and (3) notify us as soon as possible either at email@example.com or call 0191 605 3276 if you believe there have been any breaches to the security of the Site or your account information.
5. ODDBALLS'S SERVICES
Additionally, by signing up for our subscription service you are agreeing to recurring periodic payments for an indefinite time until deactivated by you or us, on the subscription terms set out in the form you completed on sign up, subject to variation in accordance with this section. You can deactivate your subscription at any time, as defined in section 10.3, you will not be charged for any deactivation. You can re-subscribe at any time following deactivation, but we reserve the right to not permit subscription where we have previously elected to terminate a subscription by you.
Full details for deactivation procedures are in section 10.3 of these terms.
7. REPLACEMENT PRODUCTS
Given the nature of product manufacturing and marked conditions, product supply beyond our control, we reserve the right to adjust the product of any order/subscription, or to substitute any products, all without notice. While we make every effort to ensure that you are provided with the correct products, these switches may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment or within your order/subscription. If you have any issues with any substitution, or product replacement please contact us on email firstname.lastname@example.org or call 0191 605 3276. Additionally, if you have any questions or concerns about any additional products or marketing materials which you may find in your subscriptions/order, please contact Customer Service at email@example.com or call 0191 605 3276.
8. GIFT CARDS
You may purchase and/or otherwise receive Gift Cards through the Site. All accounts are subject to the Terms in all respects. OddBalls Gift Cards may be redeemed on the Site. Redemption of Gift Cards will result in the application of a credit to your account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of OddBalls Offerings until the Gift Card is depleted or expired. Gift Cards are not redeemable for cash or credit, except to the extent required by applicable law. OddBalls is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and non refundable.
OddBalls may offer discount promotions, free/discounted products, or other types of vouchers (“Vouchers”). If you purchase any Voucher, Voucher is deemed to have been sold at the time of payment for it. The discount found on the Voucher only lasts for the validation period of that Voucher, unless it specifically states otherwise on the Voucher or when you receive it. Similarly, a Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. OddBalls reserves the right to withdraw or deactivate any Voucher (other than one which has been purchased) for any reason, at any time. For the avoidance of doubt, and in accordance of the foregoing sentence, OddBalls reserves the right to withdraw or deactivate any of your outstanding referral credits or similar Vouchers in the event your referral code is posted to a third party website (excluding your own social media profile(s) or blogs), or if you otherwise violate these Terms. Vouchers may only be redeemed through our Site, and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and any special conditions attached to the Voucher.
Product selection and delivery address selection is on a rolling basis, and all selections “lock in” one day prior to the payment day.
Please note that the specific day in which your subscription is delivered varies by geographic region. If you have any questions about your area and delivery, please contact Customer Service at firstname.lastname@example.org or call 0191 605 3276.
To deactivate your account, please log in to your account and select cancel, and follow the steps to deactivate your subscription. Or you can email Customer Service at email@example.com or call 0191 605 3276 stating that you wish to terminate your subscription, along with your full name and registered email address.
11. RETURN AND REFUND POLICY
We are not satisfied until you are; really, we mean it. If you don´t feel 100% comfortable with your purchase from myoddballs.com then send it back to us within 60 days (since order placed). We cannot operate this policy on any garments that have been worn (for reasons of hygiene) or used beyond re-sale. We will refund the value of the goods upon receipt of them or exchange them if requested and stock available. When returning items to us please ensure that you include a brief explanatory note which must include your name, order number and reason for return.
12. PROPRIETARY RIGHTS
OddBalls is the owner and operator of the Site. Additionally, OddBalls is the owner of, or duly licensed to utilise, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site or any OddBalls Offerings, all of which is protected by the United Kingdom and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
Users are only permitted to use these materials in order to utilise OddBalls’ Offerings for personal, non-commercial use. Any other use of OddBalls’ materials, including modification, distribution, or reproduction for purposes other than the personal usage of OddBalls’ Offerings, without written approval from OddBalls’ (which can be provided through email) is prohibited.
13. PROHIBITED USES
You may use OddBalls’ Offerings only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Offerings: In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the UK or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards Set out in Section 19.1 of these Terms. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation. To impersonate or attempt to impersonate OddBalls, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or App, or which, as determined by us, may harm OddBalls’ or users of the Site or expose them to liability.
Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent. Use any device, software, or routine that interferes with the proper working of the Site. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of- service attack. Otherwise attempt to interfere with the proper working of the Site.
14. NON-USER THIRD PARTY CONENT
We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within OddBalls’ Offerings (“Third Party Content”). The Third Party Content is not endorsed, adopted by, or controlled by OddBalls, and we make no representations or warranties of any kind regarding such Third Party Content, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content through or on OddBalls’ Offerings (including, but not limited to, our Site, Social Media, other Content, or Products) are solely between you and such third parties.
15. USER CONDUCT
You agree that you will not violate any statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by these Terms and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and OddBalls; (3) engage in any behaviour which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by OddBalls without OddBalls’ express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of OddBalls’ Content, the Site without our prior written consent; (8) use the Site in any way that prevents or inhibits other end-users from fully utilizing the Site, or in a way that could overburden or interfere with the functioning of the Site in any manner;(9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which OddBalls has not authorized to access the Site, to retrieve or index data; (10) decipher or reverse engineer any portion of the Site that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site which you are not authorized to access, pursuant to these Terms or any subsequent agreements; or (12) use the Site for any illegal purpose.
16. USER CONTENT
Pursuant to the specifications located in these Terms, the Site or any social media platforms on which OddBalls has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and these Terms (including, but not limited to, the Prohibited Uses and User Content Standards of these Terms, respectively).
You understand and acknowledge that you are responsible for any User Content you submit or contribute and your use of any Interactive Areas of the Site, and you, not OddBalls, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. You understand and acknowledge that User Content that you share with a third party through the Site or third party platforms will be viewable by others in accordance with the privacy settings you establish.
you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
you grant OddBalls and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. all of your User Content does and will comply with these Terms.
By using the Interactive Areas of the Site and social media, you further agree not to create, post, share or store any of the following: (1) Any content that would encourage, either express or implied, conduct that could be deemed a violation of a statute or regulation; (2) Any content that is determined, by OddBalls in its sole determination, to be indecent, obscene, abusive, threatening, pornographic, or harassing; (3) Any content that violates the proprietary rights of a third party; (4) Any content that contains confidential information; (5) Any content that impersonates, or misrepresents your affiliation with, any person or entity without their express permission; (6) Any content that contains any viruses or other computer code, files, or programs designed to harm, inhibit the operative ability of, or destroy part/all of the Site; (7) Any content that contains solicitations, including, but not limited to, any advertisements, promotional materials (other than those directly related to OddBalls), and political campaign requests; (8) Any content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site, Products, or Offerings, or that may expose OddBalls or others to any harm or liability of any type.
Although we are not required to regulate User Content, we reserve the right, in our sole discretion, to monitor, edit or remove User Content posted or stored on the Site or Social Media for any reason. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
You agree to defend, indemnify and hold harmless OddBalls, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the Products or any Offerings, or any information obtained therefor other than as expressly authorized in these Terms. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify OddBalls of any third-party claims, cooperate with OddBalls in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and OddBalls.
We reserve the right to change any modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
19. MODIFICATIONS TO THE SITE AND PRODUCTS
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.
20. TERMINATION AND SURVIVAL
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of these Terms. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, for which you have received a corresponding delivery, to the fullest extent permitted by applicable law.
These Terms and any document expressly referred to in them constitute the whole agreement between you and OddBalls, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any Contract. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of OddBalls. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
We accept payment from Visa, Mastercard, Maestro, Switch, Delta, Solo and PayPal. We use a simple and secure payment gateway service via Sage Pay, so you can shop with us safe in knowledge that your transactions are 100% secure. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed.
We are not satisfied until you are; really we mean it. We operate a complaint’s handling procedure, which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments, and please remember we are here to help you.
You can contact us anytime via our Contact Form.
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