Terms & conditions

Welcome to Off Grid Gear

These terms and conditions outline the rules and regulations for the use of Off Grid Gear

By accessing this website we assume you accept these terms and conditions.

Terms and Conditions

These are the Terms and Conditions of Sale for Off Grid Gear ltd to which the purchases of all Goods and Services are subject.

1. Definitions

1.1. In these Conditions, the following definitions shall apply:

Business Day(s): a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. 
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 14. 
Contract: the contract between Off Grid Gear Ltd and the Customer for the sale and purchase of the Goods or Services in accordance with these Conditions. 
Customer, you, your: the person who purchases the Goods and/or Services from us. 
Event Outside Our Control: has the meaning given in clause 12. 
Goods: the goods (or any part of them) set out in the Order. 
Off Grid Gear, OGG, we, us, our: means, Off Grid Gear Ltd (company number 11925640) registered at Union House, 111 New union Street, Coventry, England, CV1 2NT, United Kingdom.
Order: the Customer’s order for the Goods or Services submitted via the Website including indirectly in person, or by Telephone.
Services, Service: the services (or any part of them) set out in the Order. 
Trade Customer, Dealer, Trader: a Customer who works within the motor trade business and has been accepted as a Trade Customer of OGG based on specific criteria which may change from time to time.
Website, Site: means offgridgear.co.uk, owned by off Grid Gear Ltd.

1.2. In these Conditions, the following rules apply:

1.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 
1.2.2. A reference to a party includes its personal representatives, successors or permitted assigns. 
1.2.3. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 
1.2.4. A reference to writing or written includes e-mails.

2. The Contract

2.1. The Order you place via the Website constitutes an offer to purchase the Goods or Services in accordance with these Conditions. Please read and check your Order before placing it, as you are responsible for ensuring that the terms of the Order are correct. You are responsible for making sure that all information you provide in connection with such Order is true and accurate and you are the authorised user of the payment method provided.

2.2. Any email, order confirmation or other electronic acknowledgement by us of receipt of an Order does not constitute legal acceptance by us of your Order. The Order shall only be deemed accepted by us, and a Contract formed when:

1. you have paid for the Goods or Services and monies have been received by us; and
2. where applicable, the Goods have been dispatched and we have sent you a dispatch confirmation; or
3. where applicable, the Service(s) have been scheduled or carried out.

2.3. All Orders placed via the Website are subject to stock availability and to the validation checks described below. In the unlikely event that you are either able to place an Order for an item that is not available from stock, or it is necessary for OGG to amend or cancel a booking for Services, we will contact you as soon as possible to discuss the estimated arrival date for the Goods where applicable or either amending or cancelling your Order. If your Order is cancelled by OGG, you will be refunded in full. 

2.4. We accept Orders from most countries, however there may be limitations that will apply from time to time. All Fittings booked are only carried out at our business address in the UK.

2.5. Fittings are only valid for the vehicle booked at the time of the Order and cannot be transferred to an alternative vehicle without prior written approval.

2.6. We will retain details of your Order in our database and these details can be made available to you on request.

2.7. Any da*tes for supply of the Goods and/or performance of the Services are estimates and whilst we will always try to meet those dates we will not be liable for any minor delays or failures. In particular, we will not be liable for any delays caused by circumstances beyond our reasonable control (clause 6.7) an Event Outside Our Control (clause 12) or a general market shortage of particular Products.

3. Product Information

3.1. Goods and Services are as described on the Website. We reserve the right to amend the description at any time if required. We reserve the right to withdraw any Goods or Services from the Website and/or remove, screen or edit any materials or content on the Website at any time.

3.2 Some Goods such as ex-display items or items that have cosmetic damage, or damaged or missing parts may be sold as damaged (“Damaged”). Any damage on Damaged Goods will be accurately described at the point of sale with photographs provided wherever possible. In accordance with clause 7.2. Damaged Goods are not subject to the usual rights to cancel. For information on returns and exclusions on Damaged Goods see clauses 7.2, and 7.11.

3.3. Images of the Goods on the Website are for illustrative purposes only. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices.

3.4. All weights and sizes are supplied as a guide only and are approximate.

3.5. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Website is accurate, complete or up-to-date.

3.6. In the event that there are any errors regarding the price or description of Goods or Services, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. We will cancel your Order and you will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.

4. Price Information

4.1. Except as set out below, the price of the Goods is the price set out on the Website at the time you submit your Order.

4.2. The price of the Goods does not include delivery charges which will be as advised during the check-out process before you confirm your Order. In the event where there has been an error in the calculation of delivery charges, we reserve the right to correct the price of delivery and notify you accordingly. In these circumstances, except for in the case that your Order contains Goods listed in Clause 7.2 of these terms, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase, we will either accept any additional payment required to cover the cost of delivery or cancel your Order and you will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors. The price of the Goods does not include the cost of Services which will be specified separately, in which case you can review the costs of Services before confirming your Order.

4.3. For Customers shopping with a UK shipping address, the price of the Goods and Services shown at checkout is inclusive of VAT (where applicable) at the current rate chargeable in the UK. If the rate of VAT changes between the date of Order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the Goods or Services in full before the change in VAT.

4.4. The prices shown are only applicable to purchases made via the Website. On occasions, the prices payable and promotions offered online may differ from those prices and promotions offered at the same time in other countries or STL stores.

4.6. Special Offers and promotions advertised in the press or other media may be excluded from the Website unless specifically advertised as available online. All offers are subject to availability and while stocks last. This includes all offers advertised via official OGG social media channels.

4.7. Offers cannot be used in conjunction with one another. Where more than one offer is available on the same product only one discount will apply. The offer giving the greatest saving will be applied in the basket. Equally, voucher code offers cannot be used in conjunction with any other promotional offer. Offers can only be redeemed at the time of payment.

4.8.  Products sold by OGG are excluded from any third-party brand promotion or offer that may be available at another company’s website or store.

4.9 All quotations are valid for 30 days from the date of issue, unless they include a specific promotional offer which has an earlier expiry date. The expiry date of promotional offers will be clearly marked on our website. 
4.10. All offers or sales we advertise on our Wesbite, or in a store, or third-party website are excluded from our Trade Customers. Trade Customers cannot use offers or sales in conjunction with their trade discount. We may make discounts or separate offers available for our Trade Customers from time to time at our discretion.

5. Payment

5.1. OGG accepts payment by PayPal, and most major credit or debit cards.

5.2. Payment may not be accepted, or Orders may be subject to cancellation where the provided billing address does not match that registered to the payment card, or where there are flagged fraud risks or other occasions of misuse. 

5.3. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Goods or Services from the Website in accordance with clause 3.1 whether or not the Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

5.4.

5.4.1. For Goods and Services ordered via our Website, payment will be taken when you place an Order. If you make additions to your Order after payment you must pay the outstanding balance before any of the additional Goods or Services on your Order will be supplied.

5.4.2. For drive-in Customers; payment for Goods and Services added to the Order shall be made in full either upon the completion of Services, prior to the removal of the vehicle, or prior to the collection of the Goods from OGG’s place of business.

5.5. Title of any Goods supplied will continue to belong to OGG until paid for by you in full, although this retention of title will not affect any claim which we may have against you for the payment of any overdue amount. Risk of the Goods will transfer to you once they are Delivered in accordance with clause 6.4 of these terms. 

5.6. OGG accepts no liability for any bank charges or fees or penalties or exchange rate losses you may incur when making payments on our Website or receiving refunds from our Website. 

6. Delivery of Goods & Services

6.1. If your Order is being delivered within the UK, you will not be liable for any import duties and taxes as these are already included within the prices displayed when placing your Order. 

6.2. Any dates quoted for the supply of the Goods are approximate and we cannot be held liable for any costs incurred or any other consequential losses if delivery or supply of any part of the Order is delayed. Please note that certain shipping options offer limited tracking information and this is outside of our control. OGG is under no obligation to split the shipment of your Order into multiple consignments in the case that some of your Goods are out of stock at the time of your Order. Unless agreed otherwise you will be advised of the estimated delivery date shortly after you place your Order and your total Order will be shipped once all items are in stock. Orders may be shipped in multiple boxes. 

6.4. Unless stated otherwise an Order shall be completed when the Goods are delivered to the delivery address given in the Order or supplier or fitted onto a vehicle at OGG’s place of business as part of a Service (“Delivered”). Outside of the UK deliveries will be made DAP (Incoterms 2020), unless stated otherwise, this means that our Customers are responsible for import formalities, duties and any other associated costs. STL shall have no obligation to cooperate with or assist any third-party forwarding or freight carrier that our Customers may have employed to move their Goods to another location after the Order has been Delivered.

6.5. You will take title (ownership) of the Goods once 100% of the Order value has been paid in cleared funds.

6.6. Where the courier is unable to Deliver the Goods, they may either attempt to deliver to a neighbour, attempt to redeliver the following day, leave a card for you to rearrange a suitable time for redelivery or leave the parcel at your local post office for you to collect. DHL/UPS will contact you via a text message in advance where possible, so that you can make other arrangements if you will not be home to accept your delivery. Where we are delivering your Order via a pallet courier within the UK, we will contact you in advance to arrange delivery on a mutually agreed date, we will not be able to specify an exact time window and we will have very limited tracking. If you are not home to accept delivery on the agreed date, the pallet delivery company may impose a charge for a second delivery attempt or storage charges for which you will be liable. OGG will not be liable for any charges due to a missed pallet delivery.

6.7. We shall have no liability for any delay in delivery of the Goods or performance of Services, or failure to deliver the Goods or perform the Services, where the delay or failure is caused either by an Event Outside Our Control or your failure to provide us, the shipping company, or the customs or local authorities with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods, or in the case of Services, you fail to provide requested information or equipment such as a ‘Locking Wheel Nut’ or you fail give us access to your vehicle or you do not arrive on time for your scheduled appointment (“Customer Default”). You may request in writing that we complete all supply of Goods and/or performance of Services within a further reasonable time period, If we then fail to complete all supply of Products and performance of Services within a reasonable time period or by a date that we mutually agree upon, you will then have the option to terminate this contract due to our breach.
Without limiting or affecting any other right or remedy available OGG shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations in each case to the extent the Customer Default prevents or delays OGG’s performance of any of its obligations; OGG shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from OGG’s failure or delay to perform any of its obligations as set out in this clause.

6.8. Unless we agree otherwise, or in the absence of any other estimate being given, we have not delivered the Goods within 30 days after the dispatch confirmation, or performed the Services within 30 days of the original appointment time where the delay has been caused directly by OGG you may cancel your Order and receive a refund under the terms outlined in clause 7.

6.9. Once we ship your Order you will receive a Shipping Confirmation Email, if your Order has not arrived within 7 days of the estimated delivery date you must let us know so that we may investigate the matter both internally and with the shipping company. Failure to notify us of non-receipt of the Order within this time-frame might mean we are unable to investigate or have the cooperation of the shipping company to aid us.

6.10. If any box we have shipped to you is Delivered with visible damage, such as where the box looks like it has been crushed or significantly torn or compromised it is your responsibility to either refuse to accept the Delivery, or ensure you sign for the delivery as damaged, failure to do so may leave OGG with limited capability to help you further.

6.11. It is your responsibility to inspect the Goods for damage immediately after they are Delivered. Where Items have been damaged in transit you must report it to us within 24 hours of receipt of delivery, you must provide photographs of both the original shipping packaging and the damaged item, as this will aid our investigation and any claims that we may need to make from the shipping company. Pending our investigation we will make a decision on the next steps, and we shall either replace or repair the damaged item or arrange for a full refund to be issued to you via your original payment method. For Customers outside the UK we will reimburse reasonable return carriage costs where we request the return of an item. Failure to report a damaged item within the above timeframe will mean we are unable to replace the damaged item free of charge. In some cases we may only refund, repair or replace the item after it has been returned to us and we have received it and we have had the chance to inspect it.

6.12. It is your responsibility to inspect your Goods for completeness once your Order or part of your Order has been Delivered. If any items are missing from your expected delivery, you must notify us within 14 days. Failure to report a missing item within this timeframe will mean we are unable to replace an item free of charge.  

6.13. Where your Order is Delivered at a freight forwarding address, or the address of another third-party you have specified, we will have no liability whatsoever for the Goods once they are Delivered to the specified address, in this case any issues that may arise after delivery to a will need to be addressed directly between you, your service provider or the third-party address owner.

6.17. Any issue related to the Services should be reported immediately and OGG must be given the opportunity to inspect or remedy any issue.

7. Cancellations, Refunds and Returns

7.1. Subject to the remainder of this clause 7, if you change your mind and no longer want Goods that you have purchased and we have delivered, you have 14 days from the day of delivery to let us know. Once we have discussed and agreed the return of those Goods, you must ship them to us within 14 days from the date you gave us notice you would like to cancel your contract, to receive a refund. Alternatively, you are entitled to request an exchange within the same period of time.

7.2. The cancellation right set out in clause 7.1 above does not apply in the case of the following Goods, which may only be returned if they have a manufacturing fault or defect:

1. custom order, personalised and made to order products
2. sealed software, memory cards or navigation equipment that has been unsealed after you receive them
3. any Goods which become mixed inseparably with other items after their delivery
4. wheels that have had their ‘Inspection Tag’ removed in accordance with clauses 7.12. and 7.13.
5. Goods that are sold as Damaged (3.2, 7.11)
6. Orders or Goods that are subject to Services where the Services have been carried out (i.e. the Goods have been fitted to your vehicle)

7.3. your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Please see clauses 7.2., 7.12. and 7.13. about wheels specifically. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below: 

7.4. If you need to amend a booking for Services, you may contact OGG up to 3 Business Days before your appointment date to re-schedule or cancel. Changes to the appointment time made less than one Business Day in advance may be subject to a late cancellation fee. We shall be entitled to charge you a reasonable amount in respect of any costs and expenses which we may have incurred in providing or arranging any Services before you cancelled which will be either payable before the Services can begin or billed to you via an invoice.

7.5. To cancel or amend a Contract for Goods, you need to let us know that you have decided to cancel. If you wish to exercise this right, please contact the OGG Customer Services Team, by phone, email or letter sent by post or using the online contact form on our Website. Please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

7.6. If you cancel your Contract, OGG will:

7. Subject to clause 7.2. we will refund to you the price you paid for the Goods. This refund will exclude shipping or customs fees where the goods were delivered to you before you chose to cancel. We also reserve the right to deduct any restocking fees that may apply to your returning Goods.
   Please note that we are permitted by law to refuse or reduce your refund to reflect any reduction in the value of the Goods if this has been caused by your handling them in a way which would not be permitted in a shop. In this case, where we refuse a return, you will be responsible for the fees to return of the Goods to you. If we refund you the price paid before we are able to inspect the Goods and we later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8. 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 Goods and we have not offered to collect it from you: 14 days after the day on which we receive the Goods back from you.

(ii) if you have not received the Goods or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

7.7. If you need to return the Goods to us under this clause 7 because they are faulty or mis-described please ensure you contact us within 30 days of receiving your Goods to report the issue you have identified. We may ask you to provide videos or photographs demonstrating the fault or issue to help us assess the next steps. We may ask you to return the Goods to us at your own expense for inspection and this may be subject to a further inspection by the manufacturer in some cases to establish the nature of the issue you have identified. Only once our investigation is complete having any inspection carried out and we are satisfied that the issue is due to a manufacturing fault or a mis-description will we refund the price of the Goods in full, together with any applicable delivery charges and any receipted return shipping you may have paid. Where replacement Goods are offered you may be asked, if you haven’t already done so, to return the original Goods to us before we will ship the replacement. Replacement Goods will be shipped to the Shipping Address on the original order unless otherwise agreed in writing. We reserve the right to refuse Goods for repair, replacement or refund if the Goods have been altered or tampered with or the Goods have not been returned to us if requested. Where we refuse a return, or it is established that the goods were not mis-described, or it is established that the fault is not due to a manufacturing defect, you will be responsible for the fees to return of the Goods to you.

7.8. We will only issue a refund to you via the same method used by you to pay. If you used a Gift Card or Vouchers to pay for the Order we may refund you to a Gift Card or in Vouchers.

7.9. Due to the speed of our ordering process, OGG may not be able to cancel your Order before dispatch. If you exercise your right to cancel prior to Delivery of the Goods, STL will attempt to stop the Order in transit where possible, if this is not possible and the Goods are Delivered, you will be able to return your Goods in line with your rights outlined below.

7.10. If Goods have been delivered to you before you decide to cancel your Contract: 

1. then you must contact us to notify us that you would like to return your Goods and 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.
2. unless the Goods are faulty or not as described (in this case, see clause 7.7), you will be responsible for the cost of returning the Goods to us. In some cases we may at our sole discretion, offer to collect the Goods from you in which case we will charge you the direct cost to us of collection.
3. the Goods should be in as-new condition, with all their parts present, sealed items must not have been opened, wheels must have their Inspection Tags attached and mustn’t have had tyres fitted (7.12.).
4. Goods should be in their complete original packaging.
5. you should only return items that we have approved for a return, STL will not be liable for any loss or damage to Goods that you return to us that were not approved for return.
6. The Goods should be packaged appropriately for postage to prevent them becoming damaged. Please make sure you enclose your order number, name or any other documents we request you to enclose, so we can identify which Order the returned items belong to.
7. The Goods must be shipped to our address using a tracked service, as you will remain liable for any damage caused to the Goods during the return shipping process:
   Elm Tree Farm

Charlton Rd

Evenley

Brackley

NN13 5GH
United Kingdom

 All received returned items will be inspected before a refund is issued, if any of the Goods are found to be in a used condition or not ‘as new’ or take longer than 14 days to arrive with us, we reserve the right to reject the return. If we reject a return you will be responsible for the fees to return the items to you. Please see clauses 7.12. and 7.13. regarding wheels specifically.

7.11. We are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Conditions. Where Goods are supplied as Damaged (clause 3.2) you accept the Goods will be sold in the condition we describe them to be in and that you will not be able to return or cancel Damaged Goods in the Order under our usual terms however, this does not exclude your right to return the Damaged Goods should a proven manufacturing defect or fault arise that was not part of the described damage at the time of sale.

8. After-sales Service and Guarantees

8.1. Where applicable, details of manufacturers’ guarantees will be provided with the Goods or Services. OGG will deal with after sales service and guarantee claims (excluding refunds. For refunds please see section 7)

8.2. Except where expressly stated otherwise, all warranties are non-transferable and only apply for the original Customer. If you replace the Goods during the warranty period, the warranty does not start again. You will only benefit from the remaining period of the original warranty. This does not affect your statutory rights if the Goods are faulty or not as described.

8.3. If any of your Goods develop a fault, then provided your item is within the manufacturer’s warranty period, you are entitled to a warranty repair or replacement. If the item is faulty within 30 days then you are entitled to request a refund. In accordance with 7.7 We reserve the right to refuse Goods for repair, replacement, or refund if the Goods have been damaged, altered or tampered with.

8.4. Any warranty is given subject to OGG having no liability in respect of any defect arising from wear and tear, wilful damage, negligence, accident, tampering of the Goods, incorrect fitting of the Goods by you and/or a third party, Goods fitted to an incompatible vehicle, abnormal working conditions, failure to follow our and/or the manufacturers’ instructions (whether oral or in writing), misuse or alteration or repair of the Goods.
Should we determine that the fault/damage is as a result of the above actions, then the warranty will have been void and a costed repair/replacement may be offered if available.

9. Complaints and Queries

9.1. If you are not happy with any aspect of our online service, discover a fault with our Website, or if you have any queries or comments relating to an Order placed online, please contact us and we will do everything we can to help you.

9.2.  a) If you suffer any loss or damage for which we are responsible then you must afford us a reasonable opportunity to remedy the problem and you must take reasonable steps to minimise or avoid any loss or damage which you may suffer as a result of our breach of contract.

1. b) We will not be responsible for any loss or damage if you fail to afford us a reasonable opportunity to put it right and/or which could have been avoided or minimised by you taking reasonable steps which you failed to take.

9.3. Where OGG are subject to any claim you make regarding damage to a vehicle during a Service, OGG must be given the opportunity to inspect and or rectify the claimed damage. Where the distance for OGG to travel is unreasonable an alternative professional will be nominated by OGG to carry out the inspection. Following the inspection a report may be generated and work carried out by OGG or another professional nominated by OGG. OGG shall have no liability to or warrant any work carried out by third parties without an inspection and without the expressly written approval by OGG. In any case OGG’s total liability shall in no circumstances exceed the price of the Order (clause 11.3)

9.4. your access to our Website may occasionally be restricted to allow for the introduction of new products or features, site development, maintenance or repairs. We will attempt to restore the service as soon as we reasonably can.

9.5. Where you have been directed to the Website as a result of a third-party site, these sites are independent from us and we are not responsible or liable for such sites. Please consult the terms and conditions of the site in question for more information.

10. Website

10.1. you are responsible for ensuring that all persons who access our site through your internet connection are aware of the terms of use of our Website and other applicable terms and conditions, and that they comply with them. Due to likely updates, it is possible some of the content contained within our website is out of date at any given time. We will make updates at a regular occurrence, and if necessary. We, however, cannot guarantee that our site – or any content on it – will on all occasions be free from errors or omissions. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. For more information please see our Website Policy

10.2. Although OGG endeavours to take all reasonable steps to protect your personal information, we cannot guarantee the complete security of any data you disclose online. You accept the inherent security risks of providing personal information and dealing online over the Internet and OGG cannot be held responsible for any breach of security unless it is due to our negligence. Please read our Privacy Policy for more details.

10.3. External Links: Please take care when clicking a hyperlink to an external website, OGG has no control over the content or policies of third-party websites where different Privacy Policies apply. OGG makes no claim and accepts no responsibility for the quality, nature or reliability of any external or third-party site OGG provides these links to you as a convenience and the inclusion of any link does not imply endorsement or association by STL. You are responsible for viewing and abiding by the privacy statement and other terms posted by third-party sites.

11. Liability

11.1. If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, 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.

11.2. Once any Goods have been Delivered you will become liable for any loss or damage to those Goods unless such loss or damage was caused directly by us. When performing the Services we will not be liable for any damage to your vehicle which is caused as a result of structural defects or weaknesses unless that damage is caused as a direct result of a breach of our obligations in this contract. OGG shall have no liability in respect of any defect in the Goods arising from your use of the Goods, incompatibility with your vehicle or any misuse or alteration of the Goods.

11.3. Nothing in these Conditions shall limit or exclude OGG’s liability for:

1. death or personal injury caused by its negligence, or the negligence of its employees;
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 9 to 11, or 17 of the Consumer Rights Act 2015; or
4. defective products under the Consumer Protection Act 1987.

Subject to clause 11.3:

1. STL shall under no circumstances whatsoever be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

(i)          loss of profit;

(ii)            loss of sales or business;

(iii)           loss of anticipated savings;

(iv)          loss or corruption of data or software;

(v)            damage to goodwill or reputation;

(vi)          damage to third party vehicles or machinery or equipment used in conjunction with the Goods; or

(vii)         any indirect or consequential loss arising under or in connection with the Contract; and 

1. STL’s total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Order.

11.4. Except as expressly provided herein, OGG expressly disclaims all warranties, whether express, implied or statutory as to any Goods delivered or Services rendered in connection with the contract, including, but not limited to, warranties as to quality or fitness for a particular purpose.

11.5. Customer shall indemnify, protect and hold harmless OGG, directors, employees, successors and assigns from and against all losses, damages, injuries, claims, demands and expenses, including without limitation, legal fees, of whatever nature, arising out of the compatibility, use, condition or operation of any item of the Goods and Services, regardless of where, how and by whom operated. The indemnification and assumptions of liability and obligation of the Customer herein provided shall continue in full force and effect notwithstanding the termination of the Contract, as the case may be, whether by expiration of time, by operation of law or otherwise.

11.6 Customer is responsible for meeting any conformity requirements they might be obligated to in their geographic region or require in order to meet the laws or regulations of any bodies they might be governed by at any time. 

STL will not have any liability for Goods not meeting any assumed or required law or conformity that the customer may be obligated to meet.

12. Events Outside Our Control

12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, staff absence, sickness, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, extreme weather, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13. Intellectual Property

13.1. OGG is the owner or a licenced user of Intellectual Property Rights (both registered and unregistered). By purchasing the Goods, the Customer agrees only to use the Goods for the purposes of the Customer’s business and or for the purpose for which they were designed. The Customer further agrees not to infringe any OGG IPR or to use any OGG IPR in bad faith. The Customer warrants to OGG that it is not purchasing the Goods (either on its own part or on behalf of a third party) to reverse engineer the Goods or for the purposes of producing equipment which has the same functionality as the Goods.

13.2. All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by us.

13.3. We are the owner or the licensee of all intellectual property rights in our Website, the material published on it and the Goods. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved. For more information regarding Intellectual Property, please contact us, also see our Website Policy.

14. Variation

14.1. OGG amends these Conditions from time to time. Each time you order Goods or Services from us, the Conditions in force at the time of your Order apply to the Contract between you and us.

15. Communications between us

15.1. Any notice or other communication given to you under or in connection with the Contract shall be in writing (including email), addressed to you at the address that you have specified to us in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.

15.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.

15.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16. Other Important Terms

16.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Conditions.

16.2. you may only transfer your rights or your obligations under these Conditions to another person if we agree to this in writing.

16.3. This Contract is between you and us. No other person or entity shall have any rights to enforce any of its terms.

16.4. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5. If we fail to insist that you perform any of your obligations under these Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6. If the parties cannot, after a reasonable time, resolve a dispute related to or arising out of an Order through good faith negotiation or a party fails to enter into good faith negotiation, such dispute shall be resolved in the courts and tribunals of competent jurisdiction in England.

16.7. These Terms are governed by English law. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Order or its subject matter or formation. Nothing within this clause 16.6 shall prevent STL from taking enforcement action arising from a judgement of the courts of England and Wales against the Customer in any jurisdiction in which the Customer is based. The only language in which the Contract can be concluded is English.

Last Updated: June 2024