By using the Site and / or making an order you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions then please do not use the Services or any part of them.
We may update these Terms and Conditions and any aspect of the Website from time to time and will notify such changes to you by uploading details of them on the Website.
In these Conditions, the following words shall have the following meanings only unless stated otherwise;
“Conditions” means these Terms and Conditions and any document referred to in them, or any amended version of them brought into effect from time to time in accordance with these Conditions;
“Customer” means a person(s), firm or company who enters into or is invited to enter into any transaction to purchase Product(s) from the Seller through the Site;
“Non-refundable Product” is a product that can’t be refunded for reasons outlined in these Conditions;
“OWT” means ohwhatsthis Limited (a company incorporated and registered in England and Wales with company number (10379584);
“OWT Website” means https://www.ohwhatsthis.com or such other worldwide web address that OWT selects as a replacement;
“ohwhatsthis.com” means the OWT Website;
“Order” means a sale transaction between a Customer and a Seller on OWT;
“Policies” means any policy (including any guides relating to content and style), and which may be notified and made available from time to time;
“Products” means the goods, services or information that Sellers wish to promote and sell through the Site;
‘Product Listing/s” means the list of products or a product for sale within the marketplace;
“Product Page” means the particular web page on which an individual product is displayed and the relevant information relating to that Product is provided;
“Seller” means any brand, person or company who has been accepted into the OWT marketplace;
“Site” means the online marketplace provided by OWT through the OWT website to facilitate the promotion and sale of Seller’s Products;
“Website” means www.ohwhatsthis.com;
Words expressed in the singular shall include the plural and vice versa;
Words referring to a particular gender include every gender.
2. What is the Website?
The Website is a curated marketplace that publishes Product Listings of Products sold by Sellers to Customers and allows the Customer to pay for Products through the Website and have it delivered to an address specified by the Customer.
OWT are not acting as the seller of products, but are merely acting as an agent platform that facilitates customers to make orders with brands and if a customer so wishes, pay for that order through the Website.
3. Description of ohwhatsthis.com’s Service
Please note that when you decide to purchase Products the resulting legal contract is between you and that Seller and such contract shall comprise of these Conditions, the email confirmation of your order and the applicable details on the Product Page and you agree to be bound by all such provisions.
You should carefully review the Conditions, the email confirmation of your order and the applicable details on the product page in relation to the order.
We cannot give any undertaking, that Products and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order Products through the Site we may disclose your customer information related to that transaction to the relevant Seller.
We do not possess any items offered for sale by Sellers through the Website, unless OWT enters into a separate commercial contract with the Seller which we may choose to do so from time to time.
The Order is with the Sellers offering the products for sale. No contract comes into existence between you and ohwhatsthis.com unless otherwise specified.
4.Disclaimer of warranties and limitation of liability
To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Website.
The Website is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
OWT assumes no liability or responsibility for any errors or omissions in the Website; any failures, delays or interruptions in the Website or in delivery of any products; any losses or damages arising from the use of the Website and/or any delay in delivery of any products and/or any errors in any order and/or any Products that are not of satisfactory quality or do not match the description of such Products in the relevant listing, ohwhatsthis.com shall refund the price of such Products subject to our returns policy.
ohwhatsthis.com reserves the right to deliver the Website, to publish listings and to facilitate Orders in its sole and absolute discretion.
In no event shall ohwhatsthis.com, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the listing of any Product, the placement by you of any order, the delivery of any Products, the failure in whole or in part to deliver any Products or these Terms and Conditions, on any theory of liability, and whether or not advised of the possibility of damage.
Nothing in these Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
5. How contracts are formed between you and Sellers
Each Order you place shall be deemed to be an offer by you to purchase the Products specified within it subject to the Conditions and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those Products and/or services notified in the email acknowledgement of order.
6. Payment methods
Purchases for Products you make with Sellers may only be paid for using the payment methods we make available from time to time through our payment facility.
In accepting or otherwise processing your payments related to the purchase of items from Sellers, we act in the capacity as commercial agent of the Seller. The Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time.
You acknowledge that these Conditions, and/or any transaction made by you via ohwhatsthis.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.
All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location, delivery charges will vary depending on the Seller and destination you choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable.
Where discount codes are used, they are only valid on purchases of a minimum value, are not for resale or publication, cannot be applied to orders retrospectively, cannot be used in conjunction with any other offer, may be withdrawn at any time and are limited to one use per household unless otherwise stated. No cash alternative will be offered.
Delivery charges vary per Seller and will be added at checkout. Any delivery times quoted are in working days.
Sellers rely on third parties to provide delivery services. Neither the Sellers nor we can be responsible if estimated timelines are not met. If you do not receive a delivery in time, you may cancel your order in accordance with the cancellation policy detailed below.
If you order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
If for any reason you are unhappy with your Order and you wish to discuss or organise a return, exchange or refund of any item purchased through the Site, please contact ohwhatsthis.com directly using the contact form or email address supplied here,
Any returns or refunds shall be made in accordance with the Returns & Refunds Policy:
By law, you may not cancel, return or obtain a refund in relation to the following products unless such Product is faulty:
i. perishable items, including food and flowers;
ii. newspapers, periodicals or magazines; and
iii. items that by their nature cannot be returned, such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied, or any bespoke items that have been made to order.
All items must be returned new, unused and with all tags and original packaging. Please note: unless faulty, we are unable to accept returns on the above products and products made to order, or any item that has been used or returned in an unsaleable condition. Returns that do not meet our policy will not be accepted and will be sent back to you at your cost.
Refunds will only be credited to the original payment method used. The refund does not include any shipping or handling costs.
Neither OWT nor the Seller shall be responsible for any Products lost or damaged in the post. Therefore, you are advised to retain the proof of postage for any Products returned. You must return Products by post to the Seller within 14 days of receiving them to receive your refund or exchange.
9. Intellectual Property
OWT and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website.
The ohwhatsthis.com Website is protected by UK and International copyright and other intellectual property laws. Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it), or any material provided through the Website without ohwhatsthis.com’s prior written consent.
Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by us. OWT reserves the right to terminate the limited licence without notice at any time following an unauthorised use by you of the Website.
OWT and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks of Oh What’s This. They may not be used without OWT’s prior written permission.
All other trademarks not owned by OWT that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by OWT.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us here to report the concern.
10. Conduct & refusal of transaction
By using the Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
You agree and undertake to keep your username and password confidential, not to disclose your password to any other person and not to permit any other person to log in to the Website using your username and password.
You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions.
You also agree not to:
i. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardise the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
ii. attempt to gain access to secured portions of the Website to which you do not possess access rights;
iii. impersonate any other person while using the Website;
iv. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
v. resell or export the software associated with the Website;
vi. use the Website to generate unsolicited advertisements or spam; or
vii. use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or by reason of unwinding or suspending any transaction after processing has begun.
You agree that OWT shall have the following rights:
i. the right to refuse or withdraw your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in OWT’s sole and absolute discretion you violate or breach any of these Terms and Conditions;
ii. the right to suspend, amend or disable your Account without giving you notice or any reason;
iii. the right to remove or amend any product listing without giving you notice or any reason;
iv. the right to cancel any Order or amend in part any Order without giving you notice or any reason, save that in such circumstances OWT shall refund such part of the Order as has been cancelled by it;
v. the right to amend or update the Website, prices of any products, any listing, billing methods or these Terms and Conditions from time to time;
vi. the right to report you to the police or other judicial body if OWT believes in its sole and absolute discretion that your conduct (whether in using the Website, making an order for any products or otherwise) is or may be unlawful.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.
Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information at your own risk.
You agree to indemnify and hold OWT and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable solicitor’s fees and court costs, arising, directly or indirectly, out of your breach of these Terms and Conditions and/or your violation of any law or the rights of any third party.
You agree that these Terms and Conditions and any claim, dispute or controversy arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, OWT’s advertising or any related transaction between you and OWT, shall be governed by and construed in accordance with English law.
OWT may change or discontinue the availability of the Website at any time without prior notice. OWT reserves the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that you violate any of the Terms and Conditions set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Website and will not make any order.
17. Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Conditions due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
18. Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.