Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you ("Customer") accept and agree to these terms and conditions. A binding contract will only be formed upon Oregon Scientific Smart Living Ltd giving notice of its formal acceptance of an order. Acknowledgment of receipt of an order shall not constitute acceptance of an order.
In these terms and conditions: Oregon Scientific Smart Living Ltd is referred to as "Oregon". "Customer" or "you" refers to the person (a natural person or other legal entity) who orders Products or Services via this website or a Oregon telephone call centre, and whose order for Products is accepted by Oregon; "Contract" is the contract containing these terms and conditions, formed by Oregon's acceptance of your order, and credit card or other payment details; "Products" are the products listed as items for sale on Oregon websites; "Services" are any services available from Oregon through Oregon websites, for example, delivery or packaging services; "Terms" are these terms and conditions of sale; "Oregon websites" are the websites operated by or on behalf of Oregon including those located at the internet domain with the URL http://uk.oregonscientific.com; and "day" refers to a calendar day.
Customer's (your) purchase of Products or Services, whether through a Oregon website or a Oregon telephone call centre, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing
A consumer is entitled to notify the seller that he withdraws from the sale, without penalty and without giving any reason within 7 working days after the day of delivery. For further information on returns: See section 15 or phone Oregon on the appropriate call centre number listed on the web site.
Oregon may amend these Terms, including payment, guarantee and warranty terms, without notice. Also Oregon reserves the right to modify the terms of separate Product guarantees, at any time. Oregon may provide notices of changes to Oregon websites, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant Oregon website.
Frequent review of Oregon websites and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected.
Although care is taken to ensure the accuracy of the information on Oregon websites, they could include inaccuracies or typographical errors, including pricing errors. Oregon shall not be obliged to honour, nor be liable in respect of, such errors. Oregon and third party suppliers may make improvements and/or changes in Products, Services, Service Programs, Prices and other details described in Oregon websites, at any time. Changes are periodically made to update Oregon websites.
Oregon continually updates and revises Products. Oregon may update, revise and/or discontinue Products and/or any peripheral products at any time. Oregon may revise prices for Products listed as available items on Oregon websites at any time. A price remains valid only for the duration of the day on which Customer visits the page of the Oregon website displaying that price or the day on which Customer is informed of the price by Oregon (through a telephone call centre or otherwise). Oregon displays current Products at http://uk.oregonscientific.com and on local or country specific Oregon websites, such as http://www.oregonscientific.com
Oregon endeavours to maintain Product availability. However, Product availability constantly changes and different Products and Product groups may have different availabilities. All orders are subject to availability of the relevant Product(s). Oregon reserves the right to prioritise orders and to allocate limited stock between orders as it deems fit.
Any weights and measurements stated on Oregon websites are approximate,
The price of Products shall be Oregon's currently applicable price at the date and time of acceptance of the Customer's order. This may be specified on Oregon websites or at Product purchase "check-out", but the definitive price shall be that which is notified to Customer by Oregon on acceptance of the order by Oregon. Any incorrect prices on Oregon websites shall be void and of no effect and in respect of any orders placed for incorrectly priced Products, the correct price as determined by Oregon shall be notified to the Customer and, if the Customer wishes to continue with the order, substituted in place of the incorrect price.
Prices do not include shipping or handling costs, transport insurance, VAT (or other revenue tax), duty and other taxes, levies or charges of any authorities, unless otherwise specified, or otherwise required by applicable law. You agree to pay shipping and handling costs for Products, and any other charges described in the previous sentence (if applicable), as specified in the invoice issued by Oregon after purchase of Products from Oregon.
Oregon accepts payment by approved credit card or debit card. Oregon does not accept other means of payment (e.g. cheque) without Oregon's prior agreement through its telephone call center or otherwise. Payment options may vary from country to country.
Customer must tender payment (via an accepted credit card or other payment means accepted by Oregon) on or before the delivery of Products unless otherwise agreed with Oregon. Invoicing and payment collection by Oregon may be effected through third parties.
For credit card payments, Customer must provide his or her valid credit card number and other requested details either in the relevant purchase "check-out" section of the relevant Oregon website or to the telephone call centre agent, when Customer orders Products. Oregon will attempt to verify the validity of the credit card with the card's issuer and may convey acceptance of the order (as set out below) to Customer if the credit card is accepted.
Oregon will charge credit cards & debit cards on shipment, after a Contract has been concluded (i.e. after Oregon has verified Product availability and accepted the Customer's order and payment method).
All orders for Products placed by you with Oregon are subject to acceptance by Oregon. Oregon may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
Oregon may send you an acknowledgement of receipt of an order, by e-mail or other medium (including telephone). Such an acknowledgement of receipt may be automatically generated and shall not constitute an acceptance of the order. Oregon websites through which orders can be placed may contain automatic means for identifying and alerting you to certain types of input error before you place your order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete.
If an order placed online through a Oregon website, by e-mail or by telephoning a Oregon call centre is accepted, Oregon may advise of its acceptance of the order by e-mail or other written form. Oregon reserves rights to acknowledge or accept verbally (by telephone) telephone orders placed through its call center or similar facilities.
Any Contract is dependant and conditional upon Oregon's verification of availability and acceptance of both your order and your credit card or other payment details. Unless and until Oregon confirms acceptance of both of these items, Oregon has no obligation to provide any Products or Services. Where Customer has elected to make payment other than with a credit card (and Oregon has accepted that payment option), Oregon is entitled to consider an order or Contract cancelled with or without notice to Customer, if Oregon does not receive that payment within 10 days of the date of the relevant order acknowledgement.
We maintain records of orders, order acknowledgements and Contracts (including these Terms and order acceptances) and retain these for a reasonable period following delivery. Whilst we may if necessary (and only on written request) be able to provide you with a copy of your Contract, these are not made generally available to Customers. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order acknowledgment, order acceptance, payment method acceptance and invoice as evidence of purchase.
You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the Oregon website account details section or as requested by a Oregon telephone call centre agent ("Account Information"), and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this and other Oregon websites. Oregon shall not be liable for any unauthorized use of passwords.
Products will be delivered to delivery addresses within the UK, Ireland, Channel Islands & Isle of Man only, except as otherwise exceptionally agreed with Oregon. Oregon will use its discretion in selecting a reputable carrier and appropriate means of delivery. Oregon may deliver Products by instalments in any sequence. Where Products are delivered by instalments, each instalment is deemed to be the subject of a separate Contract. No default or failure by Oregon in respect of one or more instalments will affect the Contract in respect of Products previously delivered, or undelivered Products. If Oregon notifies you that it is unable to deliver any instalment of Products, you will be deemed to accept those installments already delivered (subject to applicable law).
Oregon aims to deliver promptly. However, there may be reasons for Oregon's inability to ship according to its target dates (most of which are beyond Oregon's control). Accordingly, any dates given by Oregon for the delivery of Products are estimates only, and Oregon cannot and does not undertake that delivery will occur on any specified dates.
However, you have the option of cancelling your order at any stage prior to despatch of your Products by Oregon. You may also have a right to return Products after they have been delivered (see 'Your Right to Return and Returns Policy' below).
If Products cannot be delivered by any estimated or target dates given by Oregon, Oregon may elect to cancel the order and refund any money paid by the Customer. If an order is cancelled, Oregon's only obligation shall be to refund any money paid by the Customer to Oregon.
Oregon retains full legal title to Products until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered. Oregon reserves rights (subject to applicable law) to terminate Customer's right to use, sell or otherwise deal in Products, and to enter the premises of Customer and repossess Products (or to instruct a third party to do so), if payment is not made when due, or if the credit card company declines payment or requires Oregon to return any payment made for the Products, for any reason.
Title to any software comprising, included in or with Products remains with Oregon, the relevant Oregon Group Company or the relevant licensor, notwithstanding payment.
All software, including pre-loaded software contained in hardware Products, is licensed and not sold. It is licensed either by Oregon or the relevant software owner to you subject to the relevant software end-user licence agreement or other terms included with the software and/or with the Product or Services. Software may not be disassembled, decompiled, reverse engineered, merged or combined with any other software, copied, translated, adapted, varied or modified (save as expressly permitted by applicable law) nor may it be distributed in any form.
Where express software licence terms are not supplied, software is licensed on a non-exclusive, non-transferable, single user basis for use only with the accompanying Product.
If you do not accept the terms of any applicable software licence, subject to the exceptions in paragraph 16 below, you should return the Products unused and "as new" in accordance with, and within the time period set out in, paragraph 15 below. Note: to qualify for a refund, shrink-wrap software must not be opened (see paragraph 16 below).
Oregon's guarantees or warranties do not include the correction or avoidance of software defects or errors or the loading or re-loading of Customer's applications software or data or any reconfiguration of Products beyond reloading the operating system software as installed in the Products before shipment (subject to software availability).
You have the responsibility for examining the Products on delivery and verifying their condition, and that the content of the Product package is complete. Products will be considered to have been accepted by you on delivery, as in good condition, and with all accessories, components and other products and content to be contained in or packaged with the Product, and as otherwise in accordance with the Contract, unless you have on delivery or promptly thereafter inspected the Products and notified Oregon of any deficiencies or defects.
You may return purchased Products for any reason for a full refund of the Product purchase price actually paid within 7 working days following the date you receive the Products (or such longer period stipulated by applicable local law), subject to compliance with the following:
-You must obtain a Oregon return reference number. This number may be obtained from Oregon via telephone or fax, on the contact number(s) mentioned in Oregon websites. You must return the Products to the address and in the manner indicated on the return documentation.
- The Oregon return reference number must be prominently displayed on the outside of the parcel in which the Products are returned to Oregon. Your Oregon invoice must be enclosed with the returned Products.
- You will be supplied with a prepaid returns label to fix to box of the product, which can then be taken to any post office to return to Oregon
- Products must be returned in the original packaging, in "as new condition", and with all component products, parts, accessories, warranty cards, manuals and other documents and items.
If you return Products (1) which have been damaged or used, (2) without a Oregon return reference number, (3) after the 7 working-day returns period (or other period specified by applicable law), (4) without proper or with missing packaging, (5) parts of which, including components, included products, accessories, packaging, boxes, documents and/or other items are damaged or missing, or (6) without pre-paid delivery, Oregon retains the right either to refuse to refund Product purchase price (subject to applicable local law), or to charge you repair, restocking or related fees and delivery charges. Oregon may in that case deduct those fees and charges from any payments to be refunded to you.
On return of Products, Oregon will, subject to the above qualifications, repay the Product purchase price amount paid to Oregon, less any fees and charges due to Oregon (as per the above), by crediting your relevant credit card or bank account (or other means). In the event that the return is due to an error by Oregon then Oregon will refund the total purchase price including postage paid to Oregon by the customer.
The issue by Oregon of a return reference number shall not constitute an acceptance or acknowledgment of any right to return Products, except to the extent that these Terms or mandatory applicable laws confer such a right.
In addition to the above Oregon's return procedure which can be found on the Oregon website uk.oregonscientific.com will apply.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK. Much of the UK's WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health. Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.
The Waste Electrical and Electronic Equipment (WEEE) directive was developed to minimize the disposing of electrical and electronic equipment into landfills. Oregon Scientific complies with this directive and includes the WEEE symbol in support of this directive on its products
Oregon Scientific is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us.
For example, if a customer bought a new Weather Station from us we would accept their old Weather Station and prevent it going into a landfill site by disposing of it safely.
Customers must return their WEEE item to us within 28 days of purchasing their new item.
If you wish to return your WEEE item, please contact us on 01455 883147
The right of return does not apply if you do not purchase Products or Services as a consumer. The right of return and refund does not apply to software sold with Oregon products, or as a separate product, if the licence seal has been broken and/or shrink-wrap packaging opened.
Customer shall not resell Product, Product parts, components or accessories packaged with the Products. Oregon may (among other reasons) reject orders placed by Customer if Customer breaches this term (with regard to any Products) or if Oregon reasonably suspects that Customer has breached or will breach this term.
Subject to the qualification with respect to statutory rights (below), to the fullest extent permitted by applicable law, Oregon gives no guarantees or warranties with respect to Products or Services, additional to those in the guarantee card included with the Products, (in each case, "Guarantees").
Guarantee cards and Typical Guarantee terms and exceptions
In the Guarantee cards included with Products, Oregon or the relevant Oregon Group Company gives certain warranties and service undertakings concerning the Products.
The terms of the Guarantees applicable to the Products you order may vary depending on the relevant Product, country of sale or intended use of the Product. In the Guarantees, Oregon or the relevant Oregon Group Company (as stated in the relevant Guarantee) typically guarantees the Product to be free from defects in materials and workmanship for a period of 1 year (or other stipulated period) from original purchase. If, during that period, the Product proves defective in materials or workmanship, the relevant service center, facility or other service option will repair or replace the Product or defective parts, subject to exceptions stated in the relevant Guarantee. Repair or replacement of defective Products or parts in accordance with the relevant Guarantee terms is (to the fullest extent permitted by applicable law) your only and exclusive remedy for defective Product covered by a Guarantee.
However, the Guarantees (and these Terms) do not affect or detract from, and should not be read to affect, your statutory rights under applicable law (whether as a consumer or otherwise) which cannot be waived or limited by contract, and you may assert your rights at your sole discretion.
The following are some typical exceptions to Guarantee coverage (stated in the Guarantees):
- A Guarantee does not cover damage from adaptations or adjustments made to the relevant Product without the prior written consent of Oregon.
- A Guarantee will not apply if the type or serial number of the product has been altered, deleted, removed or rendered illegible.
- A Guarantee does not cover (among other things): a. periodic maintenance and repair or replacement of parts due to normal wear and tear; b. consumables supplied with the Product such as batteries; c. cosmetic damage; d. physical damage to liquid crystal displays; e. damage or loss to software, data or storage media; f. transport costs and risks; g. damage from improper use or maintenance; h. damage from installation or use of the Product inconsistent with applicable technical or safety standards or installation or user instructions; i. damage from improper or incorrect installation of software and other products; j. repair or attempted repair of the Product by non-authorised persons; k. damage from accidents, lightning, water, fire, improper ventilation or any cause beyond the control of Oregon; l. damage by use of the Product with accessories, products or peripheral equipment not made by Oregon; m. damage by defects of any system into which the Product is incorporated; n. software (as mentioned below); and o. damage due to abuse, neglect or commercial use.
The Guarantees contain warranties and other vital terms concerning the Products, including limitations and exclusions of guarantee coverage and liability. Please review the Guarantee(s) which apply to the Products carefully. Placing an order for Products with Oregon constitutes full acceptance of the guarantee and warranty terms and limitations set out in these Terms and in any applicable Oregon Guarantees available to view at the time of placing an order. The terms of the Guarantee card shipped with the Product supersedes (to the extent of any inconsistency) Guarantee terms in Oregon websites and other sources.
Free-of-charge services under a Guarantee will be provided only on presentation of proof and date of purchase. Therefore, you should keep a copy of the invoice for the Product with the Product Guarantee card. You should also keep a copy of the courier delivery note as evidence of the exact delivery date.
Claims to be made within warranty period
Notwithstanding any provision of the Guarantees, all warranty claims must be made within the warranty period stipulated in the Guarantee.
No other terms or warranties
No advice or information, whether oral or written, obtained by you from Oregon, distributors, resellers or other third parties, whether through or from after-sales or other services referred to in, or linked to or from Oregon websites, or otherwise, will create any warranty or condition concerning Product features or capabilities not expressly stated in these Terms or the relevant Guarantee(s). There are no warranties, conditions or other terms that are binding on Oregon other than as stated in these Terms, except for those (if any) provided by your statutory rights under applicable law (whether as a consumer or otherwise) which cannot be waived or limited by contract.
There may be differences between Products delivered to you and seemingly equivalent products described in marketing materials (advertisements, catalogues, specification sheets etc) in manufacturers', distributors', resellers' or other websites or other materials, which may or may not be intended for use in your country of residence. Oregon is not responsible for such differences.
Any other warranty, condition or other term concerning Products that might otherwise be implied into or incorporated into the Terms by law is expressly excluded (to the fullest extent permitted by applicable law). Oregon employees are not authorized to vary these Terms.
If Products (such as certain accessories) are sold without an applicable Guarantee card, Oregon gives no warranty or guarantee, other than as stated in applicable law.
Third Party Hardware
If hardware which is not manufactured by Oregon is included as or with Products available for purchase from Oregon and a separate third party guarantee for that hardware is included with Products, the terms of that guarantee shall apply to the exclusion of the guarantees and warranties mentioned above (to the fullest extent permitted by applicable law).
The Guarantee(s) and/or warranties mentioned above do not cover any software products contained in or supplied with the Products (whether produced by Oregon or by other parties). No guarantees or warranties (express or implied) with respect to software sold with or embedded or incorporated into Products are given, save any expressly set out in any accompanying software end-user licence agreement or other terms included with the software.
Any such software is provided "AS IS" (i.e. without warranty or conditions as to its satisfactory quality, fitness for purpose or correspondence with description) unless expressly provided in any end-user licence agreement or software or other product warranty from the relevant manufacturer or licensor, enclosed with the relevant Products. Please refer to the end-user licence agreements and/or guarantees included with the Products, for Customer's rights with regards to the manufacturer or supplier of software, and the parties' respective obligations with respect to that software.
Technical Assistance and Support
The Guarantee(s) and warranties do not cover technical assistance for hardware or software use.
Oregon does not offer support to customers for problems or issues regarding any software or other products licensed or manufactured by a party other than Oregon. If Customer needs such support, Customer must contact the respective manufacturer or licensor of the relevant software or other product.
Modification of Guarantees and warranties
Oregon reserves the right to modify warranties (in or referred to in these Terms), and/or separate warranties and guarantees (included with the Products) at any time. However, Contracts accepted on the basis of previous terms and conditions, including Guarantees which applied to your purchase (at the time of purchase) remain unaffected.
These Terms set out the full extent of Oregon's (and other Oregon Group Companies') obligations and liabilities in respect of the supply of, or failure to supply, Products. Oregon is not liable to you (or any other parties):
a. for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (even if Oregon have been advised of the possibility of such damages), however caused, through serious fault, Product unavailability or otherwise and regardless of the theory of liability, whether in contract, tort or otherwise (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts or gross negligence, or other fault bases),
b. for 1) loss of the use of Products or inability to order Products via a Oregon website or other media, 2) the cost of procuring substitute goods and services resulting from any Products, data, information or services purchased or obtained or messages received or transactions entered into through a Oregon website or other media, 3) unauthorized access to or alteration of your transmission or data, or 4) statements or conduct of any third party regarding any matter relating to content downloaded from an Oregon website or other media.
This clause and the limitations of liability apply also to Oregon named as the guarantor or warrantor (if any), in the relevant Guarantee. If applicable law prevents, restricts or limits Oregon's ability to limit or exclude its liability or its liability in respect of certain kinds of loss, the limitations and exclusions in these Terms shall apply to exclude or limit Oregon's liability to the maximum extent permissible.
Important Consumer Qualification
Nothing in these Terms limits, excludes or affects (and should not be read to limit, exclude or affect) Oregon's liability which, under the laws which apply to you (which may include consumer protection laws in your usual country of residence) cannot be excluded or limited.
Nothing in these Terms affects (or should be read to limit or affect) statutory rights under applicable national laws in force which apply to you. You may assert your rights at your sole discretion.
General – data collection
By submitting orders:
- you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details ("Personal Data"), in accordance with the terms notified in the "Personal Data" (or similarly entitled) section of the Oregon website order submission form or the telephone call centre ordering process.
- you acknowledge that the processing of your Personal Data is necessary for the performance of the Contract and you consent to such processing.
In certain circumstances Oregon may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to Oregon it shall also be regarded as "Personal Data".
Oregon may share, make available or transmit Personal Data to other departments and divisions in Oregon, and other Oregon Group Companies within Europe and (subject to Oregon's strict compliance with applicable data protection laws) overseas, including Oregon's Parent Company IDT International Ltd.
Disclosure to others
Oregon will not disclose Personal Data to entities and persons, other than Oregon Group Companies, ("3P's") without your consent, except in the cases below.
Personal Data may be disclosed to 3P's to enable the performance of contracts you are party to or for other purposes specified in these Terms, or in the "Personal Data" (or similarly entitled) section of the Oregon website order submission form or telephone call centre ordering process.
Personal Data may be disclosed to 3P's to enable compliance with legal obligations to which Oregon or other Oregon Group Companies are subject.
- do not use Personal Data other than for the purposes permitted
- obtain and process Personal Data only on condition that they secure that Personal Data from unauthorised use and adopt and comply with similarly stringent policies and terms on Personal Data protection and use, and
- comply strictly with applicable laws.
Where Personal Data is provided in connection with purchase transactions, Oregon may transmit Personal Data to 3P's who are credit/fraud probability assessment agencies or 3P's who are otherwise involved in crime prevention, in order to process the acceptability of your tendered credit card or other payment methods or to combat crime, and/or to credit card and other payment processing agencies. Personal Data transmitted to those 3P's may need to be transferred to the United States of America or other places outside the European Economic Area, for processing and related purposes. Some agencies have advised that transmitted Personal Data will also be used to generate credit, risk or fraud possibility assessments for Oregon and other third parties with whom you may enter into transactions.
Oregon may use, process and disclose without restriction any anonymous or generic data (including statistics) in which you cannot be identified.
You may request Oregon to inform 3P's to whom Personal Data has been communicated of corrections or deletions to that Personal Data. If Oregon does not have control of that Personal Data, Oregon will use its reasonable efforts to communicate your corrections and deletion requests. However, where Personal Data has been transferred to credit card payment and certain other agencies for payment processing, you may need to contact such agencies directly if you wish Personal Data transferred to those agencies to be rectified or deleted. Oregon cannot assume, and excludes all, responsibility for rectifying or deleting Personal Data which has been transferred (with your consent) to certain agencies such as credit or fraud probability assessment, and payment processing agencies, who require and/or assume control of that data. Oregon accepts no liability for any incorrect credit or other assessments generated by such 3P's, or any other consequences (including adverse credit ratings) of Personal Data disclosed and used as contemplated in the the "Personal Data" (or similarly entitled) section of the Oregon website order submission form or telephone call centre ordering process, and these Terms.
You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions including but not limited to, the countries of the European Economic Area. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.
Notices and Communications
Each party (i.e. you or Oregon) may send notices or communications to the other by personal delivery, e-mail, regular mail or fax. Notices or communications must be sent to the latest contact details specified by the receiving party.
Notices and communications will be considered received by the addressee (as applicable):(1) If by courier or other mode of personal delivery, on the date of personal delivery to such addressee's address as last specified by that addressee before despatch; or (2) if by posting, 5 working days after the date of registered posting (by airmail, delivery receipt requested) to the addressee's address last specified by the addressee before posting; or (3) if by facsimile, contemporaneously with facsimile transmission to the facsimile number last specified by the addressee before transmission, with delivery being evidenced by an appropriate successful transmission contact report.
E-mail communications shall be considered received by the addressee on the earlier of (1) the earliest time at which the e-mail is accessible by the addressee; (2) receipt by the sender of a delivery receipt message indicating successful delivery to the intended addressee's e-mail address, or (3) the expiry of 48 hours from the sending of the e-mail; provided that if at any point the sender receives notification that the e-mail has not been successfully transmitted to an addressee then the e-mail shall not be deemed to have been received by that addressee. Order cancellations by Customers via e-mail shall only be effective upon express acceptance thereof by Oregon.
Oregon may at its option accept orders and acknowledge, accept or effect other communications by telephone. Telephone communications by Oregon shall be as effective as written communications.
No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, and only if it cannot be interpreted in a manner to avoid the illegality, invalidity or unenforceability (and only in relation to that jurisdiction or country, or category of persons) be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.