Please note: we adhere to current government COVID-19 regulations.
Please
read all these terms and conditions.
As we can accept your order and make a
legally enforceable agreement without further reference to you, you must read
these terms and conditions to make sure that they contain all that you want and
nothing that you are not happy with. If you are not sure about anything, just
phone us on +592 231-5486.
Application
1.
These Terms and Conditions will
apply to the purchase of the services and goods by you (the Customer or you).
2.
We are Optimum Group Guyana Incorporated a company
registered in under number whose registered office is
at 35 King Street and North Road
Lacytown, Georgetown, Guyana, with email
address info@optimumgroupgy.com; telephone number (+592 231-5486) (the Supplier or us or we).
3.
These are the terms on which we
sell all Services to you. By ordering any of the Services, you agree to be
bound by these Terms and Conditions.
Interpretation
4.
Consumer means an individual
acting for purposes which are wholly or mainly outside their trade, business,
craft or profession;
5.
Contract means the
legally-binding agreement between you and us for the supply of the Services;
6.
Delivery Location means the
Supplier’s premises or other location where the Services are to be supplied, as
set out in the Order;
7.
Goods means any goods that
we supply to you with the Services, of the number and description as set out in
the Order;
8.
Order means the Customer’s
order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s
written acceptance of the Supplier’s quotation;
9.
Services means the services,
including any Goods, of the number and description set out in the Order.
Services
10.
The description of the Services
and any Goods is as set out in our website, catalogues, brochures or other form
of advertisement. Any description is for illustrative purposes only and there
may be small discrepancies in size or colour of any Goods supplied.
11.
In the case of Services and any
Goods made to your special requirements, it is your responsibility to ensure
that any information or specification you provide is accurate.
12.
All Services are subject to
availability.
13.
We can make changes to the
Services which are necessary to comply with any applicable law or safety
requirement. We will notify you of these changes.
Customer
responsibilities
14.
You must co-operate with us in
all matters relating to the Services, provide us and our authorised employees
and representatives with access to any premises under your control as required,
provide us with all information required to perform the Services and obtain any
necessary licences and consents (unless otherwise agreed).
15.
Failure to comply with the
above is a Customer default which entitles us to suspend performance of the
Services until you remedy it or if you fail to remedy it following our request,
we can terminate the Contract with immediate effect on written notice to you.
Basis of
Sale
16.
The description of the Services
and any Goods in our website, catalogues, brochures or other form of advertisement
does not constitute a contractual offer to sell the Services or Goods.
17.
When an Order has been made, we
can reject it for any reason, although we will try to tell you the reason
without delay.
18.
A Contract will be formed for
the Services ordered, only upon the
Supplier sending an email to the Customer saying that the Order has been
accepted or, if earlier, the Supplier’s delivery of the
Services to the Customer.
19.
Any quotation or estimate of
Fees (as defined below) is valid for a maximum period of 30 days from its date,
unless we expressly withdraw it at an earlier time.
20.
No variation of the Contract,
whether about description of the Services, Fees or otherwise, can be made after
it has been entered into unless the variation is agreed by the Customer and the
Supplier in writing.
21.
We intend that these Terms and
Conditions apply only to a Contract entered into by you as a Consumer where we,
the Supplier and you the Customer, enter the Contract at any of the Supplier’s
business premises, and where the Contract is not a contract (i) for which an
offer was made by the Customer in the Supplier’s and the Customer’s
simultaneous physical presence away from those premises, or (ii) made
immediately after the Customer was personally and individually addressed in the
Supplier’s and the Customer’s simultaneous physical presence away from those
premises. If this is not the case, you must tell us, so that we can provide you
with a different contract with terms which are more appropriate to you and
which might, in some way, be better for you, eg by giving cancellation rights
pursuant to consumer protection law. Business premises means immovable retail
premises where we carry on business on a permanent basis or, in the case of
movable retail premises, on a usual basis.
Fees and
Payment
22.
The fees (Fees) for the
Services, the price of any Goods (if not included in the Fees) and any
additional delivery or other charges is that set out in our price list current
at the date of the Order or such other price as we may agree in writing. Prices
for Services may be calculated on a fixed fee or on a standard rate basis.
23.
Fees and charges include VAT at
the rate applicable at the time of the Order.
24.
Payment for Services must be
made at
least 1 day in advance of delivery. You
must pay in cash or by submitting your credit or debit card details with your
Order and we can take payment immediately or otherwise before delivery of the
Services.
Delivery
25.
We will deliver the Services,
including any Goods, to the Delivery Location by the time or within the agreed
period or, failing any agreement:
a.
in the case of Services, within
a reasonable time; and
b.
in the case of Goods, without
undue delay and, in any event, not more than 30 calender days from the day on
which the Contract is entered into.
26.
In any case, regardless of
events beyond our control, if we do not deliver the Services on time, you can
require us to reduce the Fees or charges by an appropriate amount (including
the right to receive a refund for anything already paid above the reduced
amount). The amount of the reduction can, where appropriate, be up to the full
amount of the Fees or charges.
27.
In any case, regardless of
events beyond our control, if we do not deliver the Goods on time, you can (in
addition to any other remedies) treat the Contract at an end if:
a.
we have refused to deliver the
Goods, or if delivery on time is essential taking into account all the relevant
circumstances at the time the Contract was made, or you said to us before the
Contract was made that delivery on time was essential; or
b.
after we have failed to deliver
on time, you have specified a later period which is appropriate to the
circumstances and we have not delivered within that period.
28.
If you treat the Contract at an
end, we will (in addition to other remedies) promptly return all payments made
under the Contract.
29.
If you were entitled to treat
the Contract at an end, but do not do so, you are not prevented from cancelling
the Order for any Goods or rejecting Goods that have been delivered and, if you
do this, we will (in addition to other remedies) without delay return all
payments made under the Contract for any such cancelled or rejected Goods. If
the Goods have been delivered, you must return them or allow us to collect them
from you and we will pay the costs of this.
30.
If any Goods form a commercial
unit (a unit is a commercial unit if division of the unit would materially
impair the value of the goods or the character of the unit) you cannot cancel
or reject the Order for some of those Goods without also cancelling or
rejecting the Order for the rest of them.
31.
We do not generally deliver to
addresses outside England and Wales, Scotland, Northern Ireland, the Isle of
Man and Channels Islands. If, however, we accept an Order for delivery outside
that area, you may need to pay import duties or other taxes, as we will not pay
them.
32.
You agree we may deliver the
Goods in instalments if we suffer a shortage of stock or other genuine and fair
reason, subject to the above provisions and provided you are not liable for
extra charges.
33.
If you or your nominee fail,
through no fault of ours, to take delivery of the Services at the Delivery
Location, we may charge the reasonable costs of storing and redelivering them.
34.
The Goods will become your
responsibility from the completion of delivery or Customer collection. You
must, if reasonably practicable, examine the Goods before accepting them.
Risk and
Title
35.
Risk of damage to, or loss of,
any Goods will pass to you when the Goods are delivered to you.
36.
You do not own the Goods until
we have received payment in full. If full payment is overdue or a step occurs
towards your bankruptcy, we can choose, by notice to cancel any delivery and
end any right to use the Goods still owned by you, in which case you must return
them or allow us to collect them.
Withdrawal and cancellation
37.
You can withdraw the Order by
telling us before the Contract is made, if you simply wish to change your mind
and without giving us a reason, and without incurring any liability.
38.
You can cancel the Contract
except for any Goods which are made to your special requirements by telling us
no later than 7 calendar
days from the day the Contract was entered into. If you
simply wish to change your mind and without giving us a reason, and without
liability, except in that case, you must return to any of our business premises
the Goods in undamaged condition at your own expense. Then we must without
delay refund to you the price for those Goods and Services which have been paid
for in advance, but we can retain any separate delivery charge. This does not
affect your rights when the reason for the cancellation is any defective Goods
or Services.
Conformity and Guarantee
39.
We have a legal duty to supply
the Goods in conformity with the Contract, and will not have conformed if it
does not meet the following obligation.
40.
Upon delivery, the Goods will:
a.
be of satisfactory quality;
b.
be reasonably fit for any
particular purpose for which you buy the Goods which, before the Contract is
made, you made known to us (unless you do not actually rely, or it is
unreasonable for you to rely, on our skill and judgment) and be fit for any
purpose held out by us or set out in the Contract; and
c.
conform to their description.
41.
It is not a failure to conform
if the failure has its origin in your materials.
42.
We will supply the Services
with reasonable skill and care.
43.
We will immediately, or within
a reasonable time, give you the benefit of the free guarantee given by the
manufacturer of the Goods. Details of the guarantee, including the name and
address of the manufacturer, the duration and territorial scope of the
guarantee, are set out in the manufacturer’s guarantee provided with the Goods.
This guarantee will take effect at the time the Goods are delivered, and will
not reduce your legal rights.
44.
In relation to the Services,
anything we say or write to you, or anything someone else says or writes to you
on our behalf, about us or about the Services, is a term of the Contract (which
we must comply with) if you take it into account when deciding to enter this
Contract, or when making any decision about the Services after entering into
this Contract. Anything you take into account is subject to anything that
qualified it and was said or written to you by us or on behalf of us on the
same occasion, and any change to it that has been expressly agreed between us
(before entering this Contract or later).
Duration,
termination and suspension
45.
The Contract continues as long
as it takes us to perform the Services.
46.
Either you or we may terminate
the Contract or suspend the Services at any time by a written notice of
termination or suspension to the other if that other:
a.
commits a serious breach, or
series of breaches resulting in a serious breach, of the Contract and the
breach either cannot be fixed or is not fixed within 30 days of the written
notice; or
b.
is subject to any step towards
its bankruptcy or liquidation.
47.
On termination of the Contract
for any reason, any of our respective remaining rights and liabilities will not
be affected.
Privacy
48.
Your privacy is critical to us.
We respect your privacy and comply with the General Data Protection Regulation
with regard to your personal information.
49.
These Terms and Conditions
should be read alongside, and are in addition to our policies, including our
privacy policy and cookies policy which can be found The policy can be found on our website.
50.
For the purposes of these Terms
and Conditions:
a.
‘Data Protection Laws’ means
any applicable law relating to the processing of Personal Data, including, but
not limited to the GDPR.
b.
‘GDPR’ means the UK General
Data Protection Regulation.
c.
‘Data Controller’, ‘Personal
Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
51.
We are a Data Controller of the
Personal Data we Process in providing the Services and Goods to you.
52.
Where you supply Personal Data
to us so we can provide Services and Goods to you, and we Process that Personal
Data in the course of providing the Services and Goods to you, we will comply
with our obligations imposed by the Data Protection Laws:
a.
before or at the time of
collecting Personal Data, we will identify the purposes for which information
is being collected;
b.
we will only Process Personal
Data for the purposes identified;
c.
we will respect your rights in
relation to your Personal Data; and
d.
we will implement technical and
organisational measures to ensure your Personal Data is secure.
53.
For any enquiries or complaints
regarding data privacy, you can e-mail: k.paton@optimumgroupgy.com.
Successors
and our sub-contractors
54.
Either party can transfer the
benefit of this Contract to someone else, and will remain liable to the other
for its obligations under the Contract. The Supplier will be liable for the
acts of any sub-contractors who it chooses to help perform its duties.
Circumstances
beyond the control of either party
55.
In the event of any failure by
a party because of something beyond its reasonable control:
a.
the party will advise the other
party as soon as reasonably practicable; and
b.
the party’s obligations will be
suspended so far as is reasonable, provided that that party will act
reasonably, and the party will not be liable for any failure which it could not
reasonably avoid, but this will not affect the Customer’s above rights relating
to delivery and the right to cancel
below.
Excluding
liability
56.
We do not exclude liability
for: (i) any fraudulent act or omission; or (ii) death or personal injury
caused by negligence or breach of the Supplier’s other legal obligations.
Subject to this, we are not liable for (i) loss which was not reasonably
foreseeable to both parties at the time when the Contract was made, or (ii)
loss (eg loss of profit) to your business, trade, craft or profession which
would not be suffered by a Consumer – because we believe you are not buying the
Services and Goods wholly or mainly for your business, trade, craft or
profession.
Governing
law, jurisdiction and complaints
57.
The Contract (including any
non-contractual matters) is governed by the law of England and Wales.
58.
Disputes can be submitted to
the jurisdiction of the courts of England
and Wales or, where the Customer lives in Scotland or Northern Ireland, in
the courts of Scotland or
Northern Ireland respectively.
59.
We try to avoid any dispute, so
we deal with complaints as follows: If
a dispute occurs customers should contact us to find a solution. We will aim to
respond with an appropriate solution in a timely manner.
60.
We aim to follow these codes of
conduct, copies of which you can obtain as follows:
a.
COVID-19 regulations available
from On our website.
CONTACT DETAILS
Website Design and Hosting by Ariene Creative Studio Ltd.
Copyright ©2021 Optimum Group Guyana. All Rights Reserved.
ABOUT
US
OPTIMUM GROUP GUYANA Incorporation is a Guyana-based logistics, construction and business solutions company serving local residents to global corporations.
Office
hours
Monday to Friday:
9 am — 5 pm GYT
CONTACT
DETAILS
Website Design and Hosting by Ariene Creative Studio Ltd.
Copyright ©2021 Optimum Group Guyana. All Rights Reserved.
ABOUT US
CONTACT DETAILS
Website Design and Hosting by Ariene Creative Studio Ltd.
Copyright ©2021 Optimum Group Guyana. All Rights Reserved.