Ooni Upgrade Programme Terms & Conditions
1. About these terms.
1.1. What these terms cover. These are the terms and conditions on which you may take part in our trial Ooni upgrade programme (the “Upgrade Programme”).
1.2. Why you should read them. Please read these terms carefully before you apply to take part in the Upgrade Programme. They tell you who we are, how the Upgrade Programme works, how we may change or end Upgrade Programme, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1. Who we are. We are Ooni Limited, a company registered in England and Wales. Our company registration number is 08316049 and our registered office is at Walderslade Accounting Services, 105 Hopewell Business Centre Unit 20, Hopewell Drive, Chatham, Kent, ME5 7DX. Our place of business is at Ooni HQ, Bishopsgate Business Park, 189 West Main Street, Broxburn, EH52 5LH.
2.2. How to contact us. You can contact us via our support portal, or by writing to us at email@example.com, or by mail to our business office at Ooni HQ, Bishopsgate Business Park, 189 West Main Street, Broxburn, EH52 5LH
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application form (referred to in clause 3.4 below)
3. The Upgrade Programme Trial
3.1. What the Upgrade Programme allows you to do. The Upgrade Programme allows you to get an up to 20% discount code (the “Upgrade Discount Code”) for use on certain products at ooni.com (in these terms and conditions, where we refer to the “ooni.com”, we are referring to the ooni.com store or the relevant ooni.com store in your territory).
3.2. Who is eligible to take part. Only residents of the United Kingdom, the EU or the US who are eighteen years of age or older are eligible to participate in the Upgrade Program. Additionally, in order to take part in the Upgrade Programme you must:
(a) own an Ooni pizza oven, which has not previously been ‘upgraded’ by you or a previous owner using the Upgrade Programme;
(b) be able to provide us with proof of your ownership of your Ooni pizza oven (including by providing us with the serial number for your Ooni pizza oven); and
3.3. Restrictions on use. You may not take part in the Upgrade Programme more than once in a twelve month period. If we reasonably suspect that you, or someone on your behalf, are abusing the Upgrade Programme (including, without limitation, by purchasing an Ooni oven and shortly thereafter applying to use the Upgrade Programme so that you may sell your original Ooni oven and purchase a new Ooni oven for a relative gain) we may determine that you are not eligible for to take part in the Upgrade Programme.
3.4. How the Upgrade Programme works. You may take part in the Upgrade Programme as follows:
(b) click on the ‘upgrade now’ button and complete the form as requested (you will be required to provide evidence of your eligibility to take part in the Upgrade Programme pursuant to clauses 3.2 and 3.3 above);
(c) we will review the details that you provide to us;
(d) if we are not reasonably satisfied that you are eligible to take part in the Upgrade Programme we may request additional information from you (as we consider reasonably necessary) to assess your eligibility;
(e) once we are satisfied (in our sole and absolute discretion) that you are eligible to take part in the Upgrade Programme, will email you your Upgrade Discount Code;
(f) you can use your Upgrade Discount Code at ooni.com to receive up to 20% off qualifying purchases;
(g) we will not necessarily reply to applications where we determine (in our sole and absolute discretion) that you are not eligible for the Upgrade Programme.
3.5. Applicability of our general terms and conditions. Other than as set out in these terms and conditions, any purchases made through ooni.com (including purchases made through the Upgrade Programme) are subject to our general terms and conditions of sale which can be found at https://ca.ooni.com/pages/terms-and-conditions
3.6. Availability of the Upgrade Programme. The Upgrade Programme is only available from September 2022.
3.7. Abusive practices. If we determine that you have breached these terms and conditions, or abused the Upgrade Programme, you will be required to pay back the value of the discount that you received by using your Upgrade Discount Code.
4. What to do with your old Ooni oven
4.1. We want the world to have great pizza. And we want all pizza lovers to be able to enjoy our Ooni ovens. At the moment, we will not require you to return your old Ooni oven to us. Our hope is that you will give it to a friend, family member or another pizza lover, who will enjoy it for the remainder of its working life. At Ooni our aim is to minimise waste across our offices, operations, products and packaging. By giving your old Ooni oven away you can help us achieve this.
4.2. We may require future participants in the Upgrade Programme to return their old Ovens to us within a certain period of time so that we can ensure that they are recycled or upcycled appropriately.
5. Terms applying to the Upgrade Discount Code.
Terms applying to the Upgrade Discount Code. The Upgrade Discount Code is available for one-time use only. It will be valid for one year from the date of issue. It is available to be used on certain products only (which will be identified to you at ooni.com). It cannot be used to purchase bundled products, or in conjunction with any other discount code that you may have, or promotional offer that we may be running. It may also be subject to such additional terms and conditions as me make publish on our website from time to time).
6. Your rights
Your statutory rights and your rights under our general terms and conditions of sale. Your participation in the Upgrade Program does not prevent you from exercising any of your rights under our general terms and conditions of sale and does not affect any statutory rights you may have.
7. Our responsibility for loss or damage suffered by you
7.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
7.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of your legal rights in relation to the products, including the right to receive products which are of satisfactory quality and fit for purpose.
7.3. We are not liable for business losses. The Upgrade Programme is only available for products for domestic and private use. You may not use the Upgrade Programme for any commercial, business or resale purpose. If you do use the Upgrade Programme for such a purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8. How we may use your personal information
8.1. How we will use your personal information.
(a) We will use the personal information you provide to us:
(i) to assess your eligibility for the Upgrade Programme;
(ii) to provide any Upgrade Discount Code to you;
(iii) to enforce our rights under these terms and conditions; and
(iv) if you agreed to this during the upgrade process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
(b) In addition, if you purchase a product from us, we will use the personal information you provide to us for the purposes set out in our general terms and condition (referred to in clause 3.5 above).
(c) We will only give your personal information to third parties where the law either requires or allows us to do so.
9. Our right to amend these terms
We may update, modify, suspend or terminate these terms and conditions at any time, in our sole and absolute discretion, or end the Upgrade Programme, by amending these terms and conditions and posting
the updated terms and conditions on our website.
10. Other important terms
10.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
10.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not return your Existing Oven within the time period permitted in these terms and conditions and we provide the Upgraded Oven (and do not go on to charge you for the Upgrade Discount Code we initially provided to you, pursuant to clause 3.5 above) we can still require you to return the Existing Oven at a later date or repay the monetary value of the Upgrade Discount Code to us.
10.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of the Province of Ontario and the parties submit to the non-exclusive jurisdiction of the courts of the Province of Ontario.