Terms and Conditions

Definitions:

Contract - The agreement between us and you for the sale and supply of products

Cookies - Small text files which are placed by our websites on your computer hard drive to identify your computer and to store information about your session on our website.

Personal Information - Details provided by you to us.

Product(s) - An item offered for sale by Ominous.

Product Description - Where details of individual products are provided, and details of any special conditions that apply to particular products are displayed

Special Conditions - Any terms and conditions outside of this document applied to a specific product.

Terms and Conditions - These terms and conditions and any special conditions applied to individual products.

Users - Means users of our websites collectively.

We / Our / Us - Means Ominous or any of our other registered trading names.

Website - Means users of our websites collectively.

You/ Your - Refers to you as a customer.

Terms and conditions of sale:

These General Terms and Conditions of Sale apply to any products you purchase from our store, and any orders from Ominous that you place through our website. These terms and conditions apply regardless of how you access the website, including via any device by which we make our website available to you.

You must read these terms and conditions carefully. When placing an order through the website, you will be asked to confirm that you have read, understood and agree to the terms and conditions in their entirety. If you do not agree to these, you must not order any product(s) through the website.

Placing Orders

To place an order you can either open an account with us, or you can login with an existing PayPal account or you can use our Guest Checkout. If opening an account with us, you will be required to provide us with some compulsory personal information.
You confirm that all personal information provided to us by you is accurate, true to your knowledge, and kept up to date. You can, at any time, update or correct your details by logging in to your Account.
When you create an account we will ask you to create a password to allow you to access your account, and to maintain account security on this website. You are responsible for keeping your password and account information confidential.
We shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your personal information. Should you become aware of or suspect any unauthorised use of your account, please contact us.
If we are suspicious of any activity from your account that appears fraudulent, we can reserve the right to refuse you access to, and where necessary, delete your account.
If you use our Guest Checkout we will retain your personal information in order to process your order. If you already have an Account we will attempt to match your personal data with your existing account information if not we will retain your information for future orders that you might make.

Order Acceptance

Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email as soon as possible with confirmation that we are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch of the product(s) is confirmed.
We have the right, prior to dispatching the product(s) to decline an order for any reason, including legal and regulatory reasons.
Our contract with you will start when you receive the order dispatch email and remain in place until the last day of your right to return the products.
If we cannot supply you with the all of the products you ordered, we will not process the parts of your order unavailable. We will inform you of this by email and, if you have already paid for the product(s), refund you in full for the item(s) as soon as reasonably possible.
If the fulfillment of any aspect of an order would be illegal or unlawful, we have the right to stop or cease to fulfill the order at any time, including after dispatch of products or notification to you that the order is being processed. In such circumstances, you acknowledge that Ominous shall incur no liability.

Payment

During the checkout process, you will be asked to enter your payment details. All fields indicated as compulsory must be completed.
By completing payment details you confirm that the method being used to make payment belongs to you, or is in your name where an agreement is entered into with any credit or third party provider.
We do not store your payment information, however third party providers used by us may be using encrypted secure payment mechanisms that could store your data. Please see individual payment providers websites for further information on how they hold your personal information collected at payment.
We take full payment immediately for all products, unless you sign up to pay for your order using our third party credit provider. Card payments will be subject to authorization from your card issuer, and credit facilities subject to a credit check.
Products ordered remain the property of Ominous until they have been collected in store, or we have delivered them to the address specified by you.
If you have already received the products you ordered from us, but your payment was not received, you must either pay for the items, or return them to us in the same condition that you received them, in accordance with our reasonable return instructions and at your own expense. If you fail to do this within 30 days from the date on which we notify you of cancellation of the order, we may arrange for collection of the products at your expense.
We reserve the right to charge you for any and all damage to any products that are the subject of an unpaid order.

Delivery and Collection Delivery

Timescales and charges for delivery vary depending on the products ordered, your delivery address and country, and the delivery services available. Delivery will be to the address or store specified in your order. If no one is available at a residential or other address at the time of delivery, our courier will advise whether your order has been left in a specified safe place, or returned to depot/post office.Orders over £2000 delivered to a UK address are free of charge but if you return an item or items and your order amount after a refund falls below £1000, then the standard delivery charge will be applied to your order and your refund will be reduced for this amount. Offer excludes gift orders.When the products are delivered to the delivery address specified in your order, all risk including of loss or damage to the products shall pass to you.We shall be under no liability for any failure to deliver products when specified if the delay or failure is wholly or partly caused by circumstances beyond our control.In the UK, delivery charge refunds can only be made in accordance with your statutory rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and other applicable legislation. Similar rights may apply for some international deliveries. For further information about your statutory rights see “Right to Cancel” section below and contact your local authority Trading Standards department or consumer advice centre.
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, we reserve the right to define what products can and cannot be delivered to which destination.
Ominous products are sold on the basis that delivery duty is unpaid. You, as the recipient, may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and before placing an order for international delivery, you are required to check these details.
It will be your sole responsibility, where applicable to comply with any export controls or sanctions rules applied to products supplied to you.
It will be your sole responsibility, where applicable to comply with any export controls or sanctions rules applied to products supplied to you.
Where free delivery is offered over a spend threshold any returns that when refunded reduce the order below that threshold then the original delivery charge will be applied to the order and the refund reduced accordingly. Offer excludes gifts.

Delays

We will make every effort to keep you informed should supply of your product(s) be prevented or delayed for reasons beyond our control.
We shall be under no liability to you for such delay or failure of products being delivered when originally specified.

Changes to an Order

Any changes to your order must be notified to us prior to their dispatch, and be in writing (via email).
When an order is placed, you cannot make changes to your name or address once your order has been dispatched.
If you amend or change your order this could lead to changes to your delivery timetable.
If you amend or change your order you may also find the item is no longer available, or that the price has changed for which you may be charged.

Right to cancel

If you are entering into a contract with us as a consumer online or ordered by telephone, you have the right to cancel* (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), your contract at any time up to 14 calendar days after the day on which you received the products you ordered. *This statutory right to cancel is separate from our Refund and Returns policy, and does not apply to products purchased in our stores.
When we have received all of your order back, any paid delivery charge will be included in your refund. The delivery charge refund will be to the value of standard delivery.
If you wish to cancel an order, please be aware that statutory rights of cancellation do not apply to lingerie, or any products with a hygiene seal where the seal has been removed, broken or damaged.
To exercise your right to cancel your contract with us, you must inform us of your decision in writing within 14 calendar days after the day you received the products, which you can do by sending an email to contact@ominous.red with the title "CANCELLATION [order number (on emailed receipt)]" and with the contents: "I hereby give my notice that I cancel my contract of sale for the following goods: [product], date you ordered, date you received the product, your name, delivery address and your signature.
While the products are in your position, you must take reasonable care of them until you return them to us.
You shall send back any products or return them to us, without undue delay and in any event not later than 14 days from the day you communicate your cancellation of the contract to us.
The deadline is met if you send back any products before the 14 days has expired. Unless returned to an Ominous Shop you will have to pay any direct cost of returning any products to us. We reserve the right to charge you our standard returns cost of £1,152.75 in the UK or in the EU.
Products should be returned in their original packaging.
You are only liable for any diminished value of the products resulting from the unnecessary handling, in excess of what is necessary to establish, characteristics and functioning of the products. We will assess this charge when the products are returned but this charge will not be more than the original contract value.
We will process your refund within 14 days of receipt of the products.
For products delivered to a third party, at your request in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us.

Our website:

Website Use

By accessing, browsing, placing an order on, registering with, or using this website, you confirm that you have read, understood and agree to these conditions in their entirety. If you do not agree to these terms and conditions in their entirety, do not use this website.
Your use of this website, is governed by all legal notices on this website together with all applicable terms and conditions and our Privacy Policy and Cookie Policy.
Use of this website by you, should only be for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the website.
Without our prior written consent, you must not copy, reproduce, edit, communicate to the public, deep-link into, or distribute in any way the web pages or materials on the website or the computer codes or elements comprising the website other than solely for your own personal use.
Content of this website may not be used for any commercial purposes whatsoever outside of our trading activity or that of any authorized third parties.

Rights Ownership

All rights, including copyright and intellectual property rights used on, in and to this website are owned by or licensed to Ominous.
Use of the website grants no rights to you in relation to our intellectual property rights, or that of third parties.
By submitting information (other than compulsory personal information when registering an account), text, photos, graphics or other content to the website, you confirm that you have the right to use the material and grant us a right to use such materials at our discretion, with or without accreditation in any media including, without limitation, to post and remove such materials from the website.
You further agree to execute all such submissions and do as we may reasonably require in order to assign any such rights to us and waive any moral rights you acquire in the website.

Ownership of Submissions

Other than personal information, all comments, blog posts, product reviews, suggestions, questions, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Ominous on or through the website or otherwise by you shall become and remain our property once submitted.
Within these terms and conditions, you must comply with the content standards set out in clause 28.
You warrant that you own or have the right to use any submissions.

Social Networking Sites

These terms and conditions also govern any submissions you make on any Ominous related third party website or page.
We are not responsible for any content or material posted on any third party social networking site and it does not necessarily reflect the opinions or ideas of Ominous or its employees.
All material posted on any third party social networking site must comply with the third party social networking sites’ Terms of Use, and these terms and conditions.

Intellectual Property Rights

By offering or disclosing any submissions, your agreement to these terms and conditions shall constitute an assignment to Ominous of any intellectual property rights.
Whenever you use a feature that allows you to upload to our site, or to make contact with other users of our site, or make any submissions on any Ominous related third party website, you must comply with the content standards set out in these terms and conditions.
We are not responsible for, nor do we endorse any third-party advertising on our pages of any social networking sites.
All rights, including copyright on our websites, and third-party pages are owned by or licensed to Ominous.
Any use of Ominous social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited unless we have given our permission in writing.
You confirm that any content you offer by submission is your own and does not infringe the intellectual property of others, including trademarks and copyrighted material.

Confidentiality

Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the submissions for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Ominous related third party social networking sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by any user of our website.
We have the right to remove any submissions you make on our website if, in our opinion, such submission does not comply with the content standards set out in clause 28.

Rules for Submissions

You must be 18 years of age or older.
Suppliers or manufacturers are not eligible to post a submission.
You must be the author and owner of the intellectual property rights.
Submissions should not include:

Offensive, abusive or otherwise inappropriate language;
Blasphemy, discriminatory, profanity, racist, sexually explicit, sexually gratuitous, spiteful or comments or content that might be considered to be harassment, or threatening against the personal safety or property of others
comments about other users commenting, reviewing or blogging on the site
remarks about criminal accusations, false, defamatory or misleading statements
material impersonating others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
advertisements or spam material
third party brand names or trade marks
Computer script, HTML coding or website URLs
availability, price, promotions or alternative ordering or delivery information
information about our suppliers or manufacturers
unsupported claims about the product producing an effect other than that for which it is indicated
references to any products other than the product to which the submission relates.

Ominous, in its absolute discretion, reserves the right to not publish the submission, or remove reviews which do not comply with the terms and conditions. Further terms and conditions apply when making a submission. Please read our Data Protection and Privacy Policy pages before uploading to the website. If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.

Accuracy of Content

To the extent permitted by applicable law, we disclaim all representations and warranties, express or implied, that content or information displayed in or on this website is accurate, complete, up-to-date and does not infringe the rights of any third party.
Any views expressed in user content are opinions of those users and do not represent the views, opinions, beliefs or values of Ominous.

Damage to Your Computer or Electronic Device

We use reasonable efforts to ensure that this website is free from viruses and malicious or harmful content, but we cannot guarantee that your use of the content or any links on this website will not cause damage to your computer or device.
It is your responsibility to ensure that you have the right equipment, including antivirus software to use the website safely and to screen out anything that may damage or harm your computer or device.
We shall not be liable, except where required by applicable law, to any user for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via this website.

Links to Other Websites

On this website, we have placed links to other websites we think you may want to visit. We do not vet these websites and do not have any control over their content.
We cannot accept any liability, except where required by applicable law in respect of the use of any linked websites.

Legal Terms:

Liability Exclusions

We exclude all representations, warranties, conditions and terms, whether express or implied to the fullest extent permitted by law.
We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms and conditions or your use of the website.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these terms and conditions shall limit or exclude our liability for personal injury or death caused by our negligence or for fraud.
These terms and conditions shall also not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Other Legal Notices

On areas of this website, there may be other legal notices which relate to your use of the website, all of which together with these terms and conditions govern your use of this website.

Assignment and Third Party Rights

We may update or amend these terms and conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the website.
You may not assign or sub-contract any of your rights or obligations under these terms and conditions to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these terms and conditions to any third party at our discretion.
Only you and we shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Waiver

No relaxation or delay by us in exercising any right or remedy under these terms and conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy.
Any waiver must be agreed by us in writing.

Severability

If any of these terms and conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.

Entire Agreement

Any matter that arises out of your use of this website (including any contract entered between you and us through the website) shall be governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.

Law, Jurisdiction and Language

Any matter that arises out of your use of this website (including any contract entered between you and us through the website) shall be governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.

Changes to these Conditions

We reserve the right to change and update these terms and conditions from time to time and recommend that you revisit this page regularly to keep informed of the current terms and conditions that apply to your use of the website.
By continuing to access, browse and use this website, you will be deemed to have agreed to any changes or updates to our terms and conditions.

Privacy and Cookie Policies

Our Privacy Policy and Cookie Policy explain what personal information we collect about you when you use the website. You can view our Privacy Policy and Cookie Policy on our website using this link. Please note that when you agree to these terms and conditions you shall be deemed also to have read and understood our Privacy Policy, Refund and Returns policy and Cookie Policy in their entirety.