Terms and Conditions
1 Introduction
1.1 These terms and conditions apply to the use of our website as well as to the purchase of products offered through our website.
1.2 Definitions and interpretations of these terms can be found in Section 26.
2 Acceptance
2.1 You represent and warrant that: (a) you are a natural person and at least 18 years old; (b) you are authorized to enter into a legally binding contract with us; and (c) you are not prevented by any applicable laws or contracts from entering into such a contract with us.
2.2 We reserve the right to request written confirmation of your authority to accept these terms.
2.3 You represent and warrant that you: (a) have not been convicted of a computer or internet-related offense; and (b) have not previously been refused products or access to the website.
2.4 We reserve the right to refuse you access to our website if we consider it necessary or appropriate.
2.5 By placing an order you represent and warrant that: (a) you have carefully and fully read these terms; (b) your offer to purchase is made exclusively in accordance with these terms; (c) any order confirmation is concluded exclusively on the basis of these terms; and (d) you agree to be bound by these terms.
2.6 If you do not agree with these terms you must not use the website and must not purchase products.
2.7 You must expressly agree to these terms in order to: (a) enter or transmit information on our website; or (b) purchase a product.
2.8 By visiting our website, purchasing products, or agreeing to these terms: (a) you also agree to our Privacy Policy; and (b) you undertake to comply with our Acceptable Use Policy (see Section 12 below).
2.9 We recommend that you print a copy of these terms for future reference.
2.10 If you do not agree to these terms you may not place an order or communicate with us.
3 Personal Use
You acknowledge that you will use the website solely to purchase products for your own personal and non-commercial use, as principal and not as agent on behalf of any other person.
4 Price
4.1 The prices shown on our website for products include the costs of delivery, but do not include duties, taxes, customs, levies or similar governmental charges ("duty-free and untaxed").
4.2 All customs duties, fees, levies, taxes or other governmental charges and declarations for import of the products to the delivery address are your responsibility, are for your account and are not included in the product price. Each delivery may in individual cases give rise to additional costs for which the seller is not liable and which are to be borne by the customer. In addition to the shipping costs, these may be import duties or value added tax. As the goods are shipped from a non-EU country (China), you should check with our customer service before placing an order whether customs duties apply to a product. Customs duties or import taxes are not paid by us and must be borne by the buyer. Our goods are always shipped "duty-free and untaxed". The buyer is the "registered importer" and is responsible for correctly paying customs duties and/or import taxes and complying with all laws and regulations of the import country. As import regulations vary from country to country, you must check the customs and import regulations of your country before placing your order. The buyer is responsible for verifying upon receipt that all laws and regulations of the import country have been complied with.
4.3 We endeavor to ensure that all details, descriptions and prices of the products appearing on our website are correct. However, errors may occur. If we discover that a price is incorrect, we will inform you as soon as possible and give you the option to confirm your order at the correct price or to cancel it. If we cannot contact you or receive no response, the order will be treated as cancelled and you will receive a full refund.
4.4 We are not obliged to fulfill an order if the price stated on the website is incorrect (even if you have already received an order confirmation).
4.5 Prices may change from time to time. Such changes will not affect an order for which an order confirmation has already been sent.
5 Orders
5.1 All orders are subject to acceptance by us. We are not obliged to accept an order and reserve the right to decline orders at our sole discretion.
5.2 Your order constitutes an offer to purchase a product in accordance with these terms. All orders are subject to availability and acceptance by us. We will acknowledge receipt of your order by sending you an email containing an order confirmation.
5.3 The order confirmation does not constitute acceptance of your offer but merely notifies you that we have received your order. The contract between us is concluded only when we send you an email confirming that the product has been dispatched or when the product is dispatched to you, whichever occurs earlier.
5.4 We reserve the right to limit the number of products sold per customer or per order.
5.5 We reserve the right to cancel orders where we suspect fraud, malicious intent or breach of these terms.
6 Payment
6.1 Payment must be made at the time of ordering. We only accept the payment methods listed on the website.
6.2 By providing payment details you represent that you are entitled to use the relevant payment method.
6.3 If we are unable to process your payment your order will not be accepted and you will be notified accordingly.
6.4 Payments are processed by our payment service provider. We do not store or have access to your full payment details.
7 Delivery
7.1 Products will be delivered to the delivery address you provide.
7.2 We endeavor to deliver within the timeframes stated on the website but accept no liability for delays outside our control.
7.3 You are responsible for ensuring that the delivery address is correct and complete. Incorrect details may result in delays or returns for which you will be responsible.
7.4 Risk in the products passes to you upon delivery to you or a person nominated by you.
8 Returns and Refunds
8.1 If you are not satisfied with your purchase you may return the product within 14 days of receipt provided it is unused and in its original packaging.
8.2 Return shipping costs are the responsibility of the customer unless the product is faulty or incorrectly delivered.
8.3 After receipt and inspection of the returned product we will refund the purchase price to your original method of payment, less any delivery costs.
8.4 Please contact our customer service before returning to obtain a return number and further instructions.
9 Products
9.1 We make every effort to present the products on the website as accurately as possible. However, we cannot guarantee that colours and details will be reproduced exactly on your screen.
9.2 The packaging of the products may differ from the representation shown on the website.
9.3 All products are subject to availability. We reserve the right to withdraw products from sale at any time without notice.
9.4 If the product you receive is defective you may email us to inform us of the product to be returned and attach a photo of the defective product.
9.5 You may return the product to us in accordance with clause 10.
9.6 We will inspect the product upon receipt. Our processing time will depend on your order.
9.7 We will notify you by email if we consider the product to be defective.
9.8 Our only obligation to you in relation to defective products is, at our option: (a) to replace the product and pay the costs of shipping the replacement products to the delivery address provided that you return the defective product to us and we then deliver a replacement product to the delivery address; or (b) to pay you an amount equal to the price of the product and accept the return of the defective product to us. We will refund such amount to the account from which we received the payment, using the same payment method.
9.9 If we determine that the product is not defective we may, at our discretion, decide not to refund the purchase price and to charge you reasonable service fees which will be charged against the payment method used for the order. To the extent permitted by law we will not be liable to you for any loss, liability, cost, damage, expense or fee arising out of this clause.
10 Returns and Refunds
10.1 Our returns policy forms part of these Terms and Conditions under which you may visit and use our website.
10.2 If you are not completely satisfied with your order you may notify us by email of the product to be returned and return the product to us. The cancellation period is 30 days from the date on which you or a third party nominated by you (other than the carrier) received the last product.
10.3 Returns and shipping costs are borne by the customer.
10.4 The product must be received by us for the customer to be entitled to a refund. We will inspect the returned product on arrival.
10.5 You must ensure that the product is returned to us in the same condition in which you received it and properly packaged. The product must be unused, tags must not have been tampered with and the product must be in its original packaging. If a product is returned in an unsuitable condition we reserve the right to refuse acceptance of the return.
10.6 Our processing time for returns will depend on your order.
10.7 If we are satisfied with the condition of the returned product we will email you to confirm approval of your return. After we have notified you that your return has been approved the amount will be refunded to the payment method used for the order.
10.8 The return is completed when we have received the physical goods.
10.9 As our goods are shipped from Asia, transit times may be extended and beyond our control. If the goods have already been dispatched to you cancellation is not possible. Please wait until you have received the goods and return them to us. You may of course notify us of a cancellation in advance. To ensure the fastest possible return, please provide us with proof of shipment. Early refunds are possible no earlier than 16 weeks after receipt of the order if the goods have not arrived.
11 Vouchers
11.1 You may use promotional vouchers or discounts when paying for products on the website.
11.2 To redeem a voucher or apply a discount the voucher or discount code must be entered on the checkout page of our order.
11.3 Once the voucher or discount code has been entered and applied the voucher or discount will be shown in the total of your order at checkout.
11.4 You may only redeem or use one promotional voucher or discount per order.
11.5 The balance of a promotional voucher does not earn interest and has no cash value.
11.6 If the balance of a promotional voucher is insufficient to cover your order you may pay the balance with another payment method available on the website.
11.7 If you used a promotional voucher for an order that is returned the value of the voucher will not be refunded. If, however, you paid any part of the order with another payment method, that amount may be refunded. We are using the dropship model.
12 Acceptable Use
12.1 You must not use the website ("Prohibited Use"):
(a) in any way that may damage or impair the performance, availability or accessibility of the website;
(b) in any way that is unlawful, illegal, fraudulent or harmful or related to such activities;
(c) to transmit, use or distribute content that contains or is linked to spyware, computer viruses, Trojan horses, worms, keyloggers, rootkits or other malicious software;
(d) to systematically or automatically collect data (including scraping, data mining, data extraction or data harvesting) without our express prior written consent;
(e) to access or interact with the website using robots, spiders or other automated means;
(f) in breach of the rules set out in the robots.txt file of our website;
(g) to use data collected from our website for direct marketing activities (including email, SMS, telephone marketing or direct advertising);
(h) to use data collected via our website to contact individuals or businesses;
(i) to control or interact with a device unless you are expressly authorized to do so;
(j) to use the website infrastructure to initiate or carry out attacks or to engage in hacking attempts or to send malicious network communications;
(k) to directly or indirectly reproduce, publish, translate, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code or structure of the website;
(l) to use the website or to develop a similar or competing product or service or to carry out benchmarking studies for third parties;
(m) to sell, license, transfer, distribute or rent access to the website;
(n) to make the website available to third parties via a private network;
(o) to edit or alter content or copies of content printed or copied from the website;
(p) in a way that is prohibited by applicable law or regulation;
(q) to perform unauthorized research or to place unauthorized orders;
(r) to place speculative, false or fraudulent orders.
12.2 You acknowledge that you are liable for any loss, damage, liability, cost or expense incurred by us as a result of any prohibited act carried out or permitted by you.
12.3 You agree to notify us as soon as possible if you become aware of any prohibited act being committed and to co-operate with us in any investigation.
12.4 Any information you provide to us via the website or in connection with the website or products must:
(a) be true, accurate, current and complete and not misleading;
(b) comply with applicable laws and regulations;
(c) not infringe the rights of any third party such as privacy, confidentiality or intellectual property rights;
(d) not be offensive, abusive, pornographic, defamatory, fraudulent, deceptive, unlawful or otherwise inappropriate.
12.5 You must promptly provide on request any documentation or information we reasonably require to verify your identity. All information provided must be updated promptly if it changes.
12.6 You must comply with all laws applicable to your use of the website, regardless of the country from which you access the website.
12.7 Please notify us if you discover materials or activities on our website that you believe to be in breach of these terms.
13 Links to the Website
13.1 Links from our website to other websites and third party sources are provided for your information only. Such links do not constitute an endorsement or approval of the content concerned.
13.2 You acknowledge that we have no control over the content of third party websites or sources.
13.3 You may link to our homepage provided that the link is fair and legal and does not damage our reputation.
13.4 You must not create a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.5 You must not link to our website from a website that you do not own.
13.6 You must not frame our website on another website or link to other pages of our site than the homepage.
13.7 We reserve the right to withdraw linking permission without notice.
13.8 The linked website must comply with our Acceptable Use Policy (see Section 12).
13.9 Contact us if you would like permission to link in a way that does not comply with these terms.
14 Intellectual Property Rights
14.1 The code, layout and organization of the website are protected by intellectual property rights.
14.2 We are the owner or licensee of all intellectual property rights in the website and its content. These works are protected by worldwide laws and treaties. All rights are reserved.
14.3 You may use the website and its content for your personal, non-commercial use and in accordance with these terms only. This includes product content.
14.4 You agree to notify us of any suspected infringement of our intellectual property rights.
14.5 You may only use our trademarks with our prior written consent unless they are included in materials you are permitted to reproduce under clause 13.
15 Privacy Policy
15.1 Our privacy policy forms part of these terms and conditions under which you visit and use our website.
15.2 We use cookies on our website. These also help us to understand how our customers prefer to use the website. By agreeing to these terms you also agree to the use of cookies. Further information is set out in our Privacy Policy.
15.3 If you provide us with personal data we will process it in accordance with your instructions and will take reasonable security measures to protect against unauthorized or unlawful processing and against accidental loss or damage.
15.4 Unless special arrangements have been made or agreed in writing, information and documents arising in the course of a sale may be made available electronically and shared with our staff, agents or advisers.
16 Viruses
16.1 We accept no liability for any damage, loss or cost arising from viruses, trojans or other malicious software that may be transmitted over the website or with products.
16.2 It is your responsibility to take appropriate security measures to protect your devices from such threats before using the website or downloading any products.
16.3 You agree not to distribute viruses, trojans, malware or other harmful programs via the website or with any products.
16.4 You must not attempt to gain unauthorized access to our website, the server on which the website is stored, or any server, computer or database connected to our website.
16.5 You must not attack our website by means of a denial-of-service attack or distributed denial-of-service attack.
16.6 If we reasonably believe you have breached this clause 16 your right to use the website will end immediately. We may report any breach to the relevant law enforcement authorities and will do so where the law requires us to do so.
17 Liability
17.1 Subject to clause 17.13, we exclude liability to the extent permitted by law and accept no responsibility for losses to you or others arising from:
(a) third party content or user content;
(b) our content, in particular as to the accuracy, completeness or currency of our content;
(c) the products, in particular as to quality, images, description or specifications, conformity with the description and reasonable fitness for a particular purpose;
(d) reliance on information contained in these terms, on our website or on functions provided by these terms or on our website;
(e) the inability to access the website or any part of it, or interruptions, partial interruptions or faulty functioning;
(f) any failure or delay in performing any of our obligations where the cause is beyond our reasonable control, e.g. communication failures, power cuts, terrorism, strikes, bad weather, computer failures, supply problems, labour disputes, sickness absences; the time for performance will be extended accordingly.
17.2 We will not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for loss of profit, loss of business, loss of goodwill, loss of anticipated savings or benefits or for indirect, special or consequential loss even if such losses were foreseeable or you were advised of the possibility of their occurrence.
17.3 Our liability arising out of or in connection with these Terms (including your purchase of products from us) is limited to a maximum of USD 1000 or five times the price you paid for the products which give rise to the liability. This limitation of liability will be reduced by any amounts outstanding that you owe to us.
17.4 Claims for breach of contract, tort or other causes of action relating to these terms must be brought within one year of the event giving rise to the claim.
17.5 To the extent permitted by law you may not bring claims against our employees, officers, consultants or other representatives in their personal capacity.
17.6 All warranties, representations and other terms (whether express or implied) are excluded to the extent permitted by law including implied terms as to quality, description and fitness for a particular purpose.
17.7 Claims against us (including employees, officers or consultants) can only be made for discrete acts or omissions; related acts will be treated as a single act.
17.8 The limitations in this clause also apply to our joint and several liability to you and third parties; together we will only be liable once for the same damage.
17.9 Liability limits apply to all services or supplies and there are no separate cumulative limits.
17.10 Where we are liable together with third parties we are liable only for our respective share.
17.11 Our liability will be reduced by amounts that others are liable to pay, if corresponding claims exist against them.
17.12 When assessing the liability of third parties it will be disregarded if claims are time-barred, the third party is insolvent or relies on exclusions of liability.
17.13 The exclusions of liability do not apply in the case of:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which cannot be excluded by law;
(d) where we are not permitted to limit our liability below the statutory minimum.
17.14 These liability provisions are final and govern all claims arising in connection with these terms.
18 Indemnity
18.1 You indemnify us and our affiliated companies on demand against all claims, costs and losses arising from:
(a) any material breach of these terms by you;
(b) fraud, negligence or wilful default by you; or
(c) your use of the website.
18.2 We may recover any costs incurred in relation to the indemnity from you.
19 Force Majeure
19.1 If a force majeure event continues for longer than one week, we may terminate the terms with immediate effect by written notice without further liability other than refund of sums paid for products not delivered.
19.2 We reserve the right to decide in our discretion how we will perform our obligations in the event of force majeure.
20 Changes
20.1 We may change these terms and will notify you in advance of material changes that may adversely affect you. The applicable terms will govern your use of the website and any products.
20.2 If you do not accept the amended terms, please stop using the website and stop purchasing products.
20.3 After your express agreement to the terms we will seek your further express agreement before you place orders where there are material changes.
21 Your Breach
21.1 If you breach these terms or are suspected of breaching them we may (without limitation):
(a) issue warnings;
(b) suspend your access temporarily;
(c) stop orders;
(d) refuse payments;
(e) permanently deny access;
(f) block IP addresses;
(g) contact ISPs to block access;
(h) commence legal proceedings.
21.2 You must not take any steps to circumvent any of the above measures.
22 Suspension and Termination
22.1 You may stop using the website at any time.
22.2 We may suspend or discontinue the website at any time, with or without cause.
22.3 We may suspend access if your use creates a risk of legal liability or disrupts our operations.
22.4 We will notify you where practicable but may act immediately and without notice.
22.5 We do not guarantee continuous website availability; interruptions may occur for business reasons. No compensation is payable.
23 Consequences of Termination
23.1 On termination all services will cease immediately.
23.2 You will have no claim for compensation for loss of rights, goodwill or other losses.
23.3 Rights and obligations which survive termination (e.g. liability and indemnity) will continue to apply.
24 General Provisions
24.1 You may not assign your rights under these terms.
24.2 Rights and remedies are cumulative and do not exclude others.
24.3 Hosting is outsourced to third parties.
24.4 If any provision is invalid it shall not affect the remainder of these terms.
24.5 Failure or delay in exercising any rights is not a waiver.
24.6 Rights are not dependent on any third party's consent.
24.7 These terms are between you and us and not for the benefit of third parties.
25 Governing Law
25.1 These terms are governed by the laws of Hong Kong.
25.2 Disputes will be finally settled by arbitration in Hong Kong; arbitration proceedings will be conducted in English.
26 Company Details
Email: Info@OzeanaWear.com
27 Interpretation
27.1 Definitions: "Contract" = your order; "Customer" = the person who placed the order; "Delivery Address" = the address given in the order; "Force Majeure" = an event beyond our control (e.g., war, pandemic); "Indemnified Parties" = us and our related companies; "Order" = the order submitted by you via the Website; "Product" = an item offered for sale on the Website.
27.2 References to clauses are references to clauses in these terms and conditions.
27.3 Headings are for convenience only and do not affect interpretation.
27.4 References to the singular include the plural and vice versa and gendered terms are to be read neutrally.
About Ozeana Wear
Welcome to Ozeana Wear, your online fashion destination for stylish women's and men's clothing! We are passionate about curating the latest trends and unique pieces and delivering an unforgettable shopping experience.
Our Mission:
We believe everyone should be able to show their best appearance. That is why we carefully select a diverse collection of high-quality clothing that fits current fashions. Whether for special occasions or everyday wear – at Ozeana Wear you will find what you're looking for.
Why Ozeana Wear?
Comprehensive collection: women's and men's fashion from well-known brands and up-and-coming designers.
Always up-to-date: we add trendy new items on an ongoing basis.
Unique pieces: in addition to our regular assortment we offer unique products.
Customer-focused: personal advice and service are our priority.
Easy online shopping: user-friendly store, secure payment options, fast delivery.
Team Ozeana Wear
We hope you love Ozeana Wear as much as we do! Contact us if you have any questions or need advice.