Terms and Conditions (“Terms”)
Last updated: September 17, 2016
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://the-oomph.com website (the “Service”) operated by Bean Heroes Ltd (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Bean Heroes Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Bean Heroes Ltd cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
If you order products from our Website for delivery outside the UK, they may be subject to export/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.
Between our Crowdfunding campaign and our products being ‘in stock’ we have offered a pre-sale of the products where possible.
During this period normal terms and conditions apply.
We will be shipping products to crowdfunding backers and pre-sale customers as soon as stock becomes available.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Contests, Sweepstakes and Promotions
Oomph Referral Partners / Affiliates
The following terms apply in regards to our Oomph referral partners and affiliate schemes.
We will pay the sum of £5 per device sold via your unqiue link, this is based on your link being the last referral link clicked. This £5 referral payment will be reviewed on a monthly basis and should it be changed all partners will be updated by email.
Clicks via your referral link will remain tracked for 7 days.
Once your referrals have reached £50, at the start of the next month we will pay out your earnings via PayPal or should you wish as store credit.
You may self refer.
Your account may be suspended / terminated and credit lost if your website is found to be acting illegally or posting objectionable material (for example pornography). As a brand we do not believe this is in keeping with our ethos and we will look to remove any partners found to be posting objectionable material.
Whilst we encourage you to talk about the Oomph within your own website and on other sites, you must not use advertising platforms – such as Google Adwords or Facebook Ads – to directly bit on our brand name “oomph”, “oomph coffee” or “oomph coffee maker”. Any partner found to be doing so will be suspended immediately for a 7 day period, given a first warning. Should the partner be found to be in breach of this rule again they will immediately be terminated as a partner.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features and functionality are and will remain the exclusive property of Bean Heroes Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bean Heroes Ltd.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Bean Heroes Ltd.
Bean Heroes Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bean Heroes Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
- Goods must be returned in good condition within 30 days
- Notification of your intent to return including full name, address and original order number must be included with the returned item. We cannot process refunds without this information.
- Items must be complete and in their original form.
- We reserve the right to refuse a refund/exchange if the items have any signs of wear, alterations, misuse or damage.
- The Oomph does not guarantee the exchange or credit for a defective item. If you believe an item is defective please give notice to email@example.com, before sending the item back.
- The cost of returning the item to us is your responsibility.
- No refunds for items damaged in shipping, In that case, you must file a complaint with the carrier.
- We are not responsible for lost returns or exchanges.
- Original shipping and handling charges are not refundable.
- All Refunds are issued to the original payment method.
- Merchandise must be returned to exchange within 30 days
- Once we have received your package it can take up to 14 days to process an exchange.
- Additional postage & packaging will be charged for exchanges to be sent back out.
- You will be notified via email on the appropriate payment method.
- Please be assured that all exchanges will be processed as quickly as possible.
If you have any other queries regarding Returns/Exchanges/Shipping please email:
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Bean Heroes Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Bean Heroes Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Bean Heroes Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Bean Heroes Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Bean Heroes Ltd or any person for whom Bean Heroes Ltd is responsible, and even if Bean Heroes Ltd has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.