Terms of service

OVERVIEW
Welcome to My Omoda! The terms “we”, “us” and “our” refer to My Omoda. My Omoda operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). My Omoda is powered by Shopify, which enables us to provide the Services to you. 
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. 

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 2A – VEHICLE COMPATIBILITY

Products sold through the Services are intended for use with the vehicle models, model years, trim levels and specifications stated in the relevant product description. Before placing an order, you are responsible for carefully checking the product description, compatibility information, measurements, fitting requirements and any other information provided to ensure that the product is suitable for your specific vehicle. Vehicle designs, fittings and specifications may vary between models, production years, trim levels, markets and individual vehicle configurations, even where vehicles appear visually similar. Product images are provided for illustrative purposes and colours, finishes, packaging, branding, fittings and minor design details may differ from those shown due to screen settings, supplier changes or product revisions. Manufacturers and suppliers may update or revise products from time to time without notice, provided that any replacement or revised product remains substantially consistent with the description and intended function of the product ordered. If you are unsure whether a product is suitable for your vehicle, you should contact us before placing your order. Subject to your statutory rights, we will not be responsible where an unsuitable or incompatible product has been ordered because the vehicle model, model year, trim level, specification, measurements or fitting requirements were not checked before purchase.

SECTION 2B – PRODUCT IMAGES AND MANUFACTURER CHANGES

We make every reasonable effort to ensure that product descriptions, specifications, images and other information displayed through the Services are accurate and up to date. However, all product images, photographs and illustrations are provided for general guidance and illustrative purposes only. Actual products supplied may differ slightly from those shown due to variations in screen settings, lighting, photography, manufacturing processes, supplier updates or product revisions.

Manufacturers and suppliers may, from time to time and without prior notice, update, improve, modify or revise products, including their design, finish, colour, texture, packaging, branding, logos, fittings, included accessories or other minor cosmetic or manufacturing details. Where such changes do not materially affect the product's intended function, quality or compatibility as described, they shall not constitute a fault, defect or misdescription and will not, by themselves, give rise to a right to reject, return or claim compensation in respect of the product. Unless expressly stated otherwise, we reserve the right to supply the latest available version or revision of any product that is substantially equivalent to the product ordered.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. My Omoda reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until My Omoda confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as My Omoda may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. 
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 3A – ORDER PROCESSING

Following the submission of an order, payment may be taken or authorised by your chosen payment provider. The taking or authorisation of payment does not constitute acceptance of your order and does not create a binding contract between you and My Omoda. Once payment has been received or authorised, your order may enter our processing stage, during which we may verify payment details, review product availability, allocate stock, confirm supplier availability, arrange fulfilment and carry out fraud prevention or security checks where appropriate.

Some products offered through the Services may be fulfilled from third-party suppliers, fulfilment partners or international distribution centres. As part of our order processing procedures, we may need to confirm stock availability or supplier acceptance before an order can proceed to dispatch.

A legally binding contract between you and My Omoda is formed only when your order has been accepted and dispatched, and we have sent you confirmation that your order has been dispatched. Until that time, we reserve the right to decline, cancel or refuse any order for any lawful reason, including, but not limited to, product unavailability, supplier inability to fulfil the order, pricing or product description errors, suspected fraud, payment issues, shipping restrictions, or circumstances beyond our reasonable control. Where an order is cancelled before a contract has been formed, any payment taken will be refunded using the original payment method.


SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 5A – DELIVERY ADDRESS

You are responsible for providing complete, accurate and up-to-date delivery information when placing an order, including the recipient's name, delivery address, postcode, telephone number and any other information required to facilitate successful delivery. We will rely on the information provided by you when arranging shipment and shall not be responsible for delays, failed deliveries, additional delivery charges or the loss of goods arising from incorrect, incomplete or inaccurate delivery information supplied by you.

If an order is returned to us, delayed, requires redelivery or incurs additional charges because incorrect or incomplete delivery information was provided, we reserve the right to recover any reasonable additional shipping, handling, storage or redelivery costs before the order is re-dispatched. Where delivery becomes impossible due to inaccurate delivery information and the order is returned to us, any refund issued may be reduced to reflect any reasonable costs incurred by us, subject always to your statutory rights.

SECTION 5B – INTERNATIONAL WAREHOUSE ITEMS

To offer a wider range of products and maintain competitive pricing, certain products available through the Services may be fulfilled directly from our international warehouse, supplier network or third-party distribution partners. Where applicable, estimated delivery times will be displayed on the relevant product page, during checkout or within your order confirmation. Unless expressly stated otherwise, all delivery times are estimates only and are provided for guidance purposes. They are not guaranteed and should not be relied upon as a condition of the contract.

Orders fulfilled from our international warehouse or supplier network may be subject to longer processing and transit times than products dispatched from within the United Kingdom. Delivery times may also be affected by factors outside our reasonable control, including but not limited to customs clearance, import or export procedures, courier or carrier delays, supplier processing times, stock availability, adverse weather conditions, transport disruption, public holidays, industrial action, security inspections or other unforeseen circumstances.

Whilst we will use reasonable efforts to keep you informed of any significant delays of which we become aware, we shall not be liable for delays in delivery arising from circumstances beyond our reasonable control. Such delays shall not, by themselves, constitute a breach of these Terms or entitle you to compensation, except where required under applicable law.

SECTION 5C – EVENTS OUTSIDE OUR REASONABLE CONTROL

We shall not be liable for any delay in performing, or failure to perform, any obligation under these Terms where such delay or failure results from events, circumstances or causes beyond our reasonable control. Such events may include, but are not limited to, acts of God, severe weather conditions, flooding, fire, natural disasters, pandemics, epidemics, public health emergencies, war, terrorism, civil unrest, riots, industrial disputes or strikes, shortages of labour or materials, supplier or manufacturer delays, customs inspections or clearance procedures, import or export restrictions, transportation or shipping disruption, courier delays, port congestion, cyber attacks, malicious software incidents, telecommunications or internet failures, power outages, governmental actions or restrictions, changes in applicable laws or regulations, or any other event beyond our reasonable control.

Where such an event affects the fulfilment or delivery of your order, we will use reasonable endeavours to minimise any resulting disruption and, where appropriate, keep you informed of any significant delay. Any delay arising from an event outside our reasonable control shall not constitute a breach of these Terms, and our obligations shall be suspended for the duration of the event. Nothing in this Section limits or excludes any rights that cannot be excluded under applicable law.

SECTION 5D – RISK OF LOSS AND OWNERSHIP

Unless otherwise required by applicable law, the risk of loss of or damage to products passes to you when the products are delivered to the delivery address provided by you, or to another person identified by you to take possession of the products on your behalf. Where you have instructed the carrier to leave a parcel in a designated safe place or with a neighbour, delivery shall be deemed to have occurred once the carrier has delivered the products in accordance with those instructions.

Ownership of the products shall not pass to you until we have received payment in full for the relevant order. Until ownership has passed, you must not sell, transfer, pledge or otherwise dispose of the products in a manner inconsistent with our ownership.

Nothing in this Section shall affect any rights or remedies available to you under applicable consumer protection legislation.


SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by My Omoda, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws. 
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of My Omoda, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by My Omoda. 
My Omoda names, logos, product and service names, designs, and slogans are trademarks of My Omoda or its affiliates or licensors. You must not use such trademarks without the prior written permission of My Omoda. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. 

SECTION 6A – TRADEMARKS AND BRAND REFERENCES

My Omoda is an independent retailer of vehicle parts, accessories and related products. Unless expressly stated otherwise, we are not affiliated with, endorsed by, authorised by, sponsored by, or otherwise connected with Omoda, Chery, or any other vehicle manufacturer, brand owner or rights holder.

Any references made through the Services to vehicle manufacturers, brand names, model names, trademarks, logos, product names, part numbers or other identifying marks are used solely for the purposes of product identification, compatibility, descriptive reference and to assist customers in identifying products intended for use with particular vehicles. Such references do not imply any commercial association, endorsement, approval or authorisation by the relevant rights holder.

All trademarks, registered trademarks, trade names, logos, model names, product names and other intellectual property rights referred to through the Services remain the property of their respective owners. Nothing contained within the Services or these Terms shall be interpreted as granting any licence, ownership right or permission to use any third-party intellectual property except as necessary for the lawful operation of the Services and the identification of compatible products.

SECTION 6B – GENUINE AND AFTERMARKET PRODUCTS

Unless expressly stated otherwise within the product description, products supplied through the Services are aftermarket accessories and are not genuine original equipment manufacturer ("OEM") or manufacturer-branded parts. References to vehicle manufacturers, brand names, model names, trademarks, logos, part numbers or other identifying information are used solely for the purposes of product identification, compatibility and descriptive reference.

Products should not be interpreted or assumed to be genuine manufacturer parts, accessories or officially licensed products unless expressly described as such within the relevant product listing.

Where a product is described as being compatible with a particular vehicle, such description indicates intended compatibility only and does not imply that the product has been manufactured, endorsed, approved, authorised or supplied by the relevant vehicle manufacturer.

Nothing in this Section shall be interpreted as limiting or affecting any statutory rights available to you under applicable law.


SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
My Omoda is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with My Omoda. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and My Omoda, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with My Omoda. 

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here , and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information. 

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 11A – PRODUCT REVIEWS AND USER CONTENT MODERATION

We value genuine customer feedback and encourage customers to share their experiences with products purchased through the Services. However, we reserve the right, at our sole discretion and without prior notice, to review, refuse, decline to publish, remove, hide, restrict, edit or otherwise moderate any product review, rating, comment or other user-generated content submitted through the Services where we reasonably believe that such content is false, misleading, fraudulent, inaccurate, defamatory, abusive, offensive, threatening, discriminatory, unlawful, infringes the rights of any third party, contains malicious software or links, constitutes spam or promotional material, discloses personal or confidential information, relates to matters unrelated to the product being reviewed, or otherwise breaches these Terms or applicable law.

We may also remove or restrict reviews where we reasonably suspect that they have been submitted in bad faith, generated by automated means, posted in exchange for undisclosed incentives, duplicated across multiple products, or otherwise intended to manipulate ratings or mislead customers.

Nothing in this Section shall oblige us to monitor, verify, publish or remove any review or other user-generated content, and we accept no responsibility for opinions expressed by users of the Services. Any moderation carried out by us shall not be interpreted as an endorsement of any review, rating or other user-generated content.

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm My Omoda, Shopify or users of the Services, or expose them to liability. 
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 13A – ACCOUNT MISUSE, FRAUD AND ABUSIVE CONDUCT

We are committed to maintaining a safe and fair shopping environment for all customers. We reserve the right, at our sole discretion, to refuse, suspend, restrict or terminate access to the Services, cancel or refuse orders, or decline to provide future services where we reasonably believe that a customer has engaged in fraudulent, unlawful or abusive conduct.

Such conduct may include, but is not limited to, the use of stolen or unauthorised payment methods, suspected fraudulent transactions, providing false or misleading information, repeated unjustified claims for refunds or replacements, abuse of our goodwill policies, misuse of chargeback procedures, excessive or unreasonable return activity, attempts to obtain products or refunds dishonestly, the submission of false claims relating to deliveries or product faults, or any other activity which we reasonably believe is intended to deceive, exploit or cause financial loss to My Omoda.

We also reserve the right to refuse service to any person who engages in abusive, threatening, intimidating, offensive or harassing behaviour towards our employees, representatives, contractors or customer support team, whether through the Services, by email, telephone, social media or any other form of communication.

Where we reasonably suspect fraudulent or unlawful activity, we may retain relevant records, cooperate with payment providers, courier companies, fraud prevention agencies and law enforcement authorities, and take such action as we reasonably consider necessary to protect our business, our customers and our legal rights. Nothing in this Section affects any rights or remedies available to you under applicable law.


SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY My Omoda, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

SECTION 15A – FITTING, INSTALLATION AND PRODUCT USE

Unless expressly stated otherwise, you are responsible for ensuring that any product purchased through the Services is suitable for your intended use and vehicle before fitting, installing, connecting, modifying or otherwise using the product. We strongly recommend that all products are carefully inspected upon delivery and, where appropriate, test-fitted before any installation, modification, painting, drilling, wiring, bonding or permanent alteration is carried out.

Where a product requires fitting, installation or connection, we recommend that this is carried out by a suitably qualified or competent person. Any installation guidance, fitting instructions, videos or technical information provided by us are offered for general guidance only and do not constitute professional advice or guarantee a successful installation.

We shall not be responsible for any loss, damage, fault or defect arising from incorrect installation, improper fitting, misuse, modification, alteration, failure to follow fitting instructions, failure to check compatibility, or the use of unsuitable tools, equipment or installation methods.

Except where required by applicable law, we shall not be liable for any labour costs, installation charges, garage or workshop fees, diagnostic costs, removal costs, reinstallation costs, vehicle recovery charges, loss of use, loss of earnings, or any other indirect or consequential costs incurred in connection with the fitting, removal, replacement, inspection or use of any product purchased through the Services.

Nothing in this Section limits or excludes any statutory rights that cannot lawfully be excluded.

SECTION 15B – ELECTRICAL PRODUCTS

Certain products available through the Services, including but not limited to dash cameras, vehicle chargers, V2L (Vehicle-to-Load) adaptors, lighting products and other electrical or electronic accessories, should be carefully inspected upon delivery and checked for compatibility before being connected, installed, wired or otherwise used.

You are responsible for ensuring that any electrical product is suitable for your vehicle and intended application before installation. Where appropriate, electrical products should be installed by a suitably qualified or competent person and in accordance with any instructions supplied with the product. We shall not be responsible for any loss, damage or malfunction arising from incorrect installation, incompatible vehicles or equipment, incorrect wiring, improper use, unauthorised modification, failure to follow installation instructions, or the use of unsuitable components or accessories.

For health, safety and quality assurance reasons, electrical products that have been connected, installed, wired, programmed, modified or otherwise used may not be eligible for return where a return is requested under our goodwill or discretionary returns policy. This shall not affect your statutory rights or your entitlement to a repair, replacement or refund where a product is faulty, not as described or otherwise fails to meet the standards required under applicable consumer protection legislation.

SECTION 15C – VEHICLE MANUFACTURER WARRANTY

Certain aftermarket products, accessories or modifications may affect the manufacturer's warranty applicable to your vehicle or to specific vehicle components. As warranty terms and conditions vary between manufacturers, models, dealerships and individual warranty providers, it is your responsibility to satisfy yourself that the installation or use of any product purchased through the Services will not adversely affect any existing manufacturer, dealer or third-party warranty applicable to your vehicle.

We recommend that you consult your vehicle manufacturer, authorised dealership or warranty provider before purchasing or installing any aftermarket product if you have any concerns regarding the potential impact on your vehicle's warranty.

My Omoda is an independent retailer of vehicle parts and accessories and does not provide advice, representations or guarantees regarding the validity, continuation or application of any vehicle manufacturer's warranty. We shall not be responsible for any decision made by a vehicle manufacturer, dealership or warranty provider in relation to warranty coverage following the installation or use of any product purchased through the Services.

Nothing in this Section limits or excludes any statutory rights available to you under applicable law.

SECTION 15D – LABOUR COSTS AND ASSOCIATED EXPENSES

Except where required by applicable law, My Omoda shall not be responsible for any labour costs or associated expenses incurred in connection with the inspection, fitting, installation, programming, calibration, testing, diagnosis, removal, replacement or reinstallation of any product purchased through the Services.

This includes, but is not limited to, garage or workshop charges, installation fees, diagnostic costs, vehicle recovery or towing charges, travel expenses, courier costs, vehicle hire or alternative transport costs, loss of earnings, business interruption, inconvenience, accommodation costs, or any other direct or indirect expenses arising from or connected with the installation, removal, replacement or use of a product.

Customers are responsible for ensuring that a product is suitable for their vehicle and intended application before arranging installation. Where you believe a product may be faulty, incorrect or incompatible, we strongly recommend that you contact us before arranging any inspection, installation, removal or repair, as we may be able to provide troubleshooting guidance or agree an appropriate resolution.

Nothing in this Section limits or excludes any liability that cannot lawfully be limited or excluded under applicable law, nor does it affect your statutory rights in relation to faulty, misdescribed or unsatisfactory goods.

SECTION 15E – PRODUCT USE AND CUSTOMER RESPONSIBILITIES

You are responsible for ensuring that all products purchased through the Services are used safely, lawfully and for their intended purpose. You must ensure that any product is correctly installed, fitted, connected, maintained and operated in accordance with any instructions supplied with the product and any applicable laws, regulations, industry guidance or vehicle manufacturer recommendations.

You are responsible for carrying out appropriate inspections and maintenance of any product following installation, including periodically checking that products remain correctly fitted, secure and in a safe condition for continued use. Where a product requires adjustment, maintenance or replacement during its normal service life, it is your responsibility to ensure that such work is carried out appropriately.

You are also responsible for ensuring that the installation and use of any product complies with all applicable laws, regulations and requirements within the jurisdiction in which the vehicle is operated, including any requirements relating to vehicle safety, roadworthiness, insurance, electrical installations, the recording or processing of personal data, and any other applicable legal obligations.

My Omoda shall not be responsible for any loss, damage, injury, penalty, fine or other liability arising from the unsafe, unlawful, improper or unintended installation, use, maintenance, modification or operation of any product purchased through the Services, except where such liability cannot be excluded under applicable law.

SECTION 15F – DASH CAMERAS AND RECORDING DEVICES

Where the Services include dash cameras or other products capable of recording video, audio, location data or other information, you are solely responsible for ensuring that their installation, configuration and use complies with all applicable laws, regulations and legal requirements in the jurisdiction in which the product is used.

You are responsible for ensuring that any recordings made using such products are obtained, stored, used and disclosed in accordance with applicable privacy, data protection and surveillance laws, together with any obligations imposed by your insurer, employer or other relevant third party. My Omoda does not provide legal advice regarding the lawful use of recording devices and accepts no responsibility for ensuring that a product is used in compliance with applicable legislation.

Where you intend to rely upon recordings for insurance, legal or evidential purposes, it is your responsibility to ensure that the product has been correctly installed, configured and maintained, including verifying that recording settings, memory cards, power supplies, date and time settings and any associated software are functioning correctly. My Omoda shall not be responsible for the loss of recordings, corrupted files, missing footage, configuration errors or any loss arising from the failure of a recording device to capture, store or retain footage or other data.

Nothing in this Section limits or excludes any statutory rights available to you under applicable law.

SECTION 15G – ROOF BARS, ROOF RACKS AND ROOF-MOUNTED ACCESSORIES

Where the Services include roof bars, roof racks or other roof-mounted accessories, you are solely responsible for ensuring that such products are suitable for your vehicle, correctly installed, securely fastened and used in accordance with the product instructions and your vehicle manufacturer's recommendations.

You are responsible for ensuring that any load carried is within the maximum weight limits specified by both the vehicle manufacturer and the product manufacturer, taking into account the vehicle's maximum permitted roof load, dynamic roof load and any other applicable limitations. Loads must be evenly distributed, properly secured and suitable for transportation.

You should inspect all roof-mounted products before each journey and periodically thereafter, including checking that all fixings, bolts, clamps, brackets and securing mechanisms remain correctly tightened and in good working order. Additional inspections should be carried out following prolonged use, adverse weather conditions, impact, or after travelling over uneven road surfaces.

My Omoda shall not be responsible for any loss, damage, injury or liability arising from the incorrect installation, improper use, overloading, uneven load distribution, failure to adequately secure a load, failure to carry out appropriate inspections or maintenance, or failure to comply with the vehicle manufacturer's recommendations or applicable laws relating to the transportation of loads.

Nothing in this Section limits or excludes any statutory rights available to you under applicable law.

SECTION 15H – EV CHARGING PRODUCTS AND POWER ACCESSORIES

Where the Services include EV charging products, portable chargers, V2L (Vehicle-to-Load) adaptors, charging cables or other power-related accessories, you are responsible for ensuring that the product is suitable for your vehicle, charging system and intended application before use. You should verify compatibility with your specific vehicle model, charging standard, voltage, current rating and any other relevant technical specifications prior to connecting or operating the product.

All charging and power-related products must be used strictly in accordance with the manufacturer's instructions and any applicable safety guidance. Where installation or connection requires specialist knowledge or electrical work, we recommend that such work is carried out by a suitably qualified or competent person. My Omoda shall not be responsible for any loss, damage, malfunction or injury arising from incorrect installation, incompatible vehicles or equipment, incorrect voltage or power supply, improper use, unauthorised modification, failure to follow product instructions, or the use of damaged or unsuitable charging equipment.

Customers are responsible for ensuring that charging equipment is used in a safe environment, is regularly inspected for signs of wear or damage, and is disconnected immediately if any fault, overheating or damage is suspected. Products must not be used in a manner inconsistent with the manufacturer's instructions or applicable electrical safety requirements.

Nothing in this Section limits or excludes any statutory rights available to you under applicable law.

SECTION 15I – VEHICLE MODIFICATIONS AND LEGAL COMPLIANCE

The installation or use of certain aftermarket products, accessories or modifications may affect your vehicle's compliance with applicable laws, regulations, insurance requirements or manufacturer recommendations. You are solely responsible for ensuring that any product purchased through the Services is lawfully installed and used, and that your vehicle remains compliant with all applicable legal, regulatory and safety requirements following installation.

You are responsible for ensuring that any modification made to your vehicle complies with all applicable road traffic legislation, vehicle construction and use requirements, roadworthiness standards, MOT requirements, insurance policy terms and any other legal or contractual obligations that may apply to your vehicle.

Where the installation of a product may require notification to your insurer or any other third party, it is your responsibility to provide such notification and obtain any necessary approvals before using the vehicle on a public road. My Omoda does not provide advice regarding vehicle modifications, insurance requirements, roadworthiness, MOT compliance or regulatory approvals, and we accept no responsibility for any consequences arising from the installation or use of aftermarket products in relation to such matters.

Nothing in this Section limits or excludes any statutory rights available to you under applicable law.

SECTION 15J – RETURNS FOLLOWING INSTALLATION OR MODIFICATION

Customers are strongly advised to inspect all products carefully upon delivery and to confirm that the product is correct, complete and suitable for their vehicle before fitting, installing, wiring, modifying or otherwise using the product.

Subject to your statutory rights, products that have been installed, fitted, wired, programmed, activated, modified, painted, cut, drilled, bonded, glued, trimmed, damaged, altered or otherwise used in a manner that affects their condition or resale value may not be eligible for return under our discretionary or goodwill returns policy.

Where a product has been permanently installed, modified or altered before any issue has been reported to us, we reserve the right to refuse a discretionary return or to reduce any refund to reflect any loss in value resulting from the handling, installation, modification or use of the product, where permitted by applicable law.

If you believe that a product is faulty, incorrect, damaged or not as described, you should contact us before arranging installation, removal, repair or modification wherever reasonably possible. Nothing in this Section limits or excludes your statutory rights in relation to products that are faulty, misdescribed or otherwise fail to conform to the contract under applicable consumer protection legislation.

SECTION 15K – PRODUCT REVISIONS AND SUPPLIER CHANGES

Manufacturers and suppliers may, from time to time and without prior notice, revise, improve, update or discontinue products supplied through the Services. Such revisions may include changes to product branding, logos, packaging, labelling, finish, colour, materials, fittings, hardware, included accessories, manufacturing processes or other cosmetic or non-material design features.

Where a manufacturer or supplier has revised a product after it has been listed on the Services, we reserve the right to supply the latest available version of that product, provided that the revised product is substantially equivalent in function, quality, intended use and compatibility to the product ordered.

Minor variations between the product supplied and any images, photographs, descriptions or specifications displayed on the Services shall not, in themselves, constitute a fault, defect or misdescription where such variations arise from manufacturer or supplier revisions and do not materially affect the product's intended function, quality or compatibility.

SECTION 15L – SPECIAL ORDER, MADE-TO-ORDER AND PERSONALISED PRODUCTS

From time to time, we may offer products that are specially ordered, sourced on request, manufactured to order, customised, personalised or otherwise supplied specifically in accordance with your requirements.

Where a product has been specially ordered, sourced, manufactured, customised or personalised at your request, cancellation may not be possible once we have commenced processing, placed the order with our supplier, begun manufacture or otherwise committed resources to fulfil your order.

Unless the product is faulty, not as described or your statutory rights provide otherwise, specially ordered, made-to-order, customised or personalised products may not be eligible for cancellation, return, exchange or refund.

Where we agree to cancel a special order before it has been completed, we reserve the right to deduct or recover any reasonable costs already incurred in sourcing, manufacturing, customising or preparing the product for dispatch, where permitted by applicable law.

SECTION 15M – PROFESSIONAL INSTALLATION RECOMMENDATION

Certain products available through the Services may require specialist knowledge, tools, equipment or technical expertise to ensure they are installed safely and correctly. Unless expressly stated otherwise, My Omoda recommends that products requiring installation, fitting, wiring, connection, programming or modification are installed by a suitably qualified or competent person.

Any installation instructions, guides, videos or technical information provided by My Omoda are intended for general guidance only and do not constitute professional advice, certification or a guarantee that installation will be successful in every circumstance. Vehicle specifications, equipment levels and configurations may differ, and it is your responsibility to ensure that the chosen installation method is suitable for your particular vehicle.

Where you choose to install a product yourself, you accept full responsibility for ensuring that the installation is carried out safely, correctly and in accordance with the manufacturer's instructions, your vehicle manufacturer's recommendations and all applicable laws and regulations. My Omoda shall not be responsible for any loss, damage, injury or expense arising from incorrect installation, improper fitting, unsuitable installation methods or the use of unqualified persons to install any product purchased through the Services, except where such liability cannot lawfully be excluded.


SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL My Omoda, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. 

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Omoda, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. 
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 20A – STATUTORY RIGHTS

Nothing contained within these Terms of Service shall limit, exclude or otherwise affect any rights or remedies that you are entitled to under applicable consumer protection legislation, including the Consumer Rights Act 2015 and any other applicable laws governing the sale of goods and services. Where any provision of these Terms is found to conflict with or be unenforceable under applicable law, that provision shall be interpreted and applied only to the extent permitted by law, and the remaining provisions shall continue in full force and effect.

These Terms are intended to supplement, and not replace, your statutory rights. Where you are entitled to a remedy under applicable law, including in relation to goods that are faulty, not as described or otherwise fail to conform to the contract, nothing in these Terms shall prevent you from exercising those rights.

 

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where My Omoda is headquartered. You and My Omoda consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@myomoda.uk.
Our contact information is posted below:

hello@myomoda.uk, 07477288123

My Omoda, 52 St Austell way, Swindon, SN2 2DF