GENERAL TERMS AND CONDITIONS

OVERVIEW

This website is operated by Oceana Boutique. Throughout the site, the terms “we”, “us” and “our” refer to Oceana Boutique. Oceana Boutique offers this website, including all information, tools and services available from this site, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

When you visit our site and/ or purchase something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “TOS”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or content providers.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this Agreement, then you must not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the current offering shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to make changes, modifications or replacements to any part of these Terms of Use at any time.

SECTION 1 - ONLINE STORAGE TERMS AND CONDITIONS

By agreeing to these Terms of Use, 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 this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

Violation or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You acknowledge that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms of Use.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any use you make of the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - CHANGES TO SERVICES AND PRICES

Prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Conclusion of the contract The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the "Buy" button, you make an offer to conclude a purchase agreement. A confirmation of receipt of your order follows immediately after dispatch via an automated e-mail. This e-mail confirmation does not constitute acceptance of the contract.

Warranty The statutory warranty rights apply.

SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited availability and are subject to return or exchange only in accordance with our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

We do not warrant that the quality of any products, services, information, or other material purchased or received by you will meet your expectations, or that any errors in the Service will be corrected. All products are shipped directly to the consumer from our supplier in China. Any costs such as customs duties and import taxes are the responsibility of the consumer.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchase quantities per person, per household or per order. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number you provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to come from dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases you make at Oceana Boutique. You agree to promptly update your account and other information, such as your email address and credit card information including expiration dates, so that we can complete your transactions and contact you as needed.

Please see our returns policy for more details.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over 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 optional tools offered through the site is entirely at your own risk and discretion. 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).

SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the applicable third party.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER CONTRIBUTIONS

If you send certain submissions (for example contest entries) or unsolicited creative ideas, suggestions, proposals, plans, or other materials at our request, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, without restriction, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium at any time.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We have the right, but not the obligation, to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes intellectual property rights or violates these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Furthermore, you agree that your comments will not contain libelous, unlawful, abusive or obscene material, or contain viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than you, or otherwise mislead as to the origin of your comments. You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Any additional customs charges and/or import duties are not included in the price and are the responsibility of the customer.

SECTION 10 - PERSONAL INFORMATION

Providing personal information through the store is subject to our Privacy Policy. Please review our Privacy Policy for more information.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Service or on any related website, except as required by law. No specified update or refresh date applied on the Service or on any related website, should be taken to indicate that all information on the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content for: (a) any unlawful purpose; (b) to encourage or participate in any unlawful activity; (c) to violate any international, federal, state, or local regulation, law, or ordinance; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other harmful code; (h) to collect or track the personal information of others; (i) to spam, phish, web crawl or scrape; (j) for any obscene or immoral purpose; (k) to circumvent security measures.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services made available through the Service are (unless expressly stated otherwise by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We shall not be liable for any loss or damage of any kind arising from the use of the Service or any Content (or products) posted, transmitted, or otherwise made available via the Service, even if we have been advised of the possibility of such damage. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - ALLOCATION OF DAMAGES.
You agree to indemnify, defend and hold harmless Oceana Boutique and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY.
If any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION.
The obligations and liabilities of the parties arising out of events occurring prior to the Termination Date shall survive the termination of this Agreement for all purposes.
These Terms of Use will remain in effect until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole discretion, you breach, or we suspect that you have breached, any provision of these Terms of Use, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or you may be denied access to our Services (or any part thereof).

ARTICLE 17 - ENTIRE AGREEMENT.
Our failure to exercise or enforce any right or provision of these Terms of Use 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 govern your use of the Service. They supersede 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 Use shall not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW.
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Netherlands.

SECTION 19 - CHANGES TO TERMS OF USE.
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION.
Questions about the Terms of Use can be sent to info@oceana-boutique.com