1.SCOPE OF APPLICATION
The Terms and Conditions set forth below shall apply to all use of www.ovimoda.com (the “Website”) and purchase of products through the Website. By using the Website or purchasing through the Website, you agree to these Terms and Conditions. Please read them carefully. By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures, and other communications that Ovimoda provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures, and other communications be in writing.
2.YOUR ORDER
Ovimoda only sells products through the Website to individuals who are over the age of 18 years who are able to purchase its products using a credit card. By purchasing a product using the Website, you represent to Ovimoda that you are an over the age of 18 years and that you are authorized to make the purchase using the credit card account information you provide. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Ovimoda products through your computer.
3.COMPLETION OF A PURCHASE
Credit card payment is the only form of payment Ovimoda accepts for products ordered through the Website. Any orders placed on this Website constitute a binding offer by you to conclude a purchase with Ovimoda. The binding purchase agreement comes into existence only when Ovimoda accepts your order on the Website by sending you an email or written communication, or by shipping the products ordered[RFW1] .
4.TAXES
Where Ovimoda is required by law to collect applicable taxes relating to your order, you authorize Ovimoda to charge the applicable taxes to your credit card.
5.RESERVATIONS AND EXCEPTIONS
Ovimoda reserves the right to change prices, terms, specifications, and warranties for products on this Website at any time without prior notice. Ovimoda attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Ovimoda reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Ovimoda will inform you of the error at which time you may cancel or confirm your order at your option.
6.PRODUCT AVAILABILITY
Once Ovimoda accepts your order, it will attempt to promptly fill the order, subject to available inventories. Should an item not be available, we kindly ask you to try back again or visit your local authorized Ovimoda retailer.
7.TERMS OF PAYMENT
The purchase price for the products ordered by you is due upon the shipment of your order by Ovimoda. Upon shipment, Ovimoda will charge the credit card account you identified when your order was placed for the purchase price, the cost of shipping and handling, and applicable taxes. You may not make any set-off against Ovimoda claim for payment unless the amount set-off is not disputed by Ovimoda or has been the subject of a final and binding judgment against Ovimoda.
8.DELIVERY AND RESERVATION OF TITLE
The products ordered will be delivered to the address entered by you through a delivery service selected by Ovimoda. You agree that the products ordered and sent to you remain Ovimoda property until full payment has been received by Ovimoda.
9.Refund Policy
If you are not completely in love with your Ovimoda, you can return it within 14 days for a complete refund or exchange, so please review your order carefully. If your order is not consistent with the product you ordered or contains defective product, please contact Customer Service at the address listed below.
Email: service@ovimoda.com
10.Warranty and Limitation of Liability
Ovimoda HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
THIS WARRANTY REPRESENTS Ovimoda ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DEFECTS IN MATERIALS AND WORKMANSHIP. Ovimoda WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY, FROM STATE TO STATE.
The exclusion or the limitation of liability for damages according to the above paragraphs also applies to potential claims against employees or authorized representatives of Ovimoda.
11.APPLICABLE LAW
By using this Website, you agree that the laws of the state of New York shall govern these Terms and Conditions without giving effect to any conflict of laws principles. Ovimoda reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use and/or purchase.
12.DISCLAIMERS AND LIMITATIONS OF LIABILITY RELATING TO USE OF THE WEBSITE
The Website is provided on an “AS IS” and “as available” basis. Neither Ovimoda nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively “affiliates”) warrant that use of the Website will be uninterrupted or error-free. Neither Ovimoda nor its affiliates warrant the accuracy, integrity, or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall Ovimoda or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files email errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Ovimoda records, programs, or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
13.PROPRIETARY RIGHTS
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “content”) are protected by copyrights, trademarks, patents, and/or other proprietary rights. All content is copyrighted as a collective work under the U.S. copyright laws and Ovimoda owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the content, in whole or in part.
14.COMPLETE AGREEMENT
You may not modify, delete, or amend these Terms and Conditions in any manner without the express written agreement of Ovimoda.
15.HEADINGS
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions. No construction or inference shall be derived from them.
16.INTERNATIONAL DELIVERY
The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes the (name of eTailer/supplier) to import the goods on his behalf. Further, the consignee/buyer agrees that (name of the eTailer/supplier) may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods
