BINDING EFFECT
This is a binding agreement. By using the Internet site located at www.oceaniacollection.com (the “Site”) ,or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use (also referred to as the “Terms”), as they may be amended by Endless Oceania , (“Company”, “we”, “us”, or “our”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.
YOU AGREE THAT BY USING THE SITE AND / OR SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
USE RESTRICTIONS
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, “Content”) are owned by Company or its licensors. You are expressly prohibited from using any Content without the express, prior written consent of Company or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Company, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Company’s express, prior written permission, ‘mirror’ any material contained on this Site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and laws.
TRADEMARKS
The trademarks, logos, service marks and trade names displayed on the Site or as part of the Content are registered and unregistered trademarks of the Company and other persons (each, a “Trademark,” collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Site should be construed as granting, expressly, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or as part of the Content, without our written permission or that of the applicable third-party rights holder.
COMMUNICATIONS TO YOU
You agree that Company may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Company’s products or services, or for such other purpose(s) as Company deems appropriate.
CONTENTS/PROMOTIONS
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.
COLORS
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
USER ACCOUNTS
Using certain features on the Site may require creating an account (“Account”) and submitting personal information (including creating a username and password to access the Account). The Site’s information collection and use policies are set forth in the Site’s PRIVACY POLICY / GDPR.
You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Site for any reason.
RULES OF CONDUCT
While accessing or using the Site, the Content and the various other features available on the Site including without limitation your Account, you warrant and agree that you shall not:
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- Violate any domestic law or international law;
- Violate the security of the Site, or obtain or attempt to gain unauthorized access to the Site, Content, computer systems or networks connected to any serve associated with the Site or Content;
- Impersonate any person or entity, whether actual or fictitious, including anyone from the Site or Company, or misrepresent your affiliation with any other person or entity;
- Stalk, harass or harm another individual;
- Insert your own or a third-party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Content or services on any Site, or any other areas of the Site;
- Use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Site or any Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information and other materials), or contact any other user of the Site for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Site (except that you may purchase products on the Site where offered and subject to these Terms);
- Alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices including therein or thereon;
- Use the Site or their features in any manner that could interrupt, damage, disable, overburden or impair the Site or such features, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
- Circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Site or its services or any software on the Site;
- Create any links from the Site (or include any links in your submissions to any part of the Site) directed to websites or content owned or maintained by third-parties;
- Frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by Company of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
- Upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any domestic or international law;
- Use the Site or the Content to violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- Upload, post, publish, distribute or otherwise transmit information or material which constitutes or contains a virus, spyware or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; and/or
- Use the Site or their services (or any Content), in whole or in part for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.
ORDERS
You may order products from our Site only if you have reached the age 18.
You agree to pay in full the prices for your purchases, plus any applicable taxes when you order from outside the EU. The prices displayed are final, and VAT is included. In case prices are altered, the customer upon the time of receipt must pay the price which appeared upon the time of his order.
By ordering products from our Site, you agree to be bound by these Terms as well as our Privacy Policy , our Shipping Policy, our Payment Policy, and our Return and Exchange Policy.
The Site offers to its customers the opportunity to register orders and/or purchase products on sale, on a retail basis. In order to place a relevant order each user of the website may, prior to the registration of a personal account, execute orders and/or purchase products, which are displayed on sale from the site.
The display of products for sale on the Site acts as an invitation for you to place an order. Such presentation does not in any way bind the Company as for the availability of displayed products or for the immediate execution of orders. If you ordered products no longer available, the Company reserves the right to give information to you about substitute products.
In addition, the Company reserves the absolute right to reject orders at any circumstances without having the obligation to provide reasons for such rejection on the condition that any paid fees are immediately refunded to you. The company may, in its sole discretion, limit or cancel quantities of products purchased per person, or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event the Company makes a change to or cancel an order, the Company’s representatives will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, the Company may limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, distributors or any unauthorized party. You are not permitted to resell any products or services purchase through any of the Site for commercial purposes.
The sales contract between the Company and its users is executed upon (a) the registration of a relevant order, serving as an offer, and (b) the acceptance of the order by our company and through the transmission of the corresponding electronic mail to the user. The electronic mail mentioned above is deemed to be received by the user at the time that the latter accesses it.
After the execution of the sales contract, the Company undertakes to deliver the product under sale and the user has the obligation to pay the relevant fee, as communicated in the order registration process. The Company maintains the ownership of the product sold after its delivery subject to the full payment of the agreed fee by the user. In case of the user’s failure to pay the full fee, the Company has the right to either claim the fee or rescind the sale, requesting the return of the product in the state that it was delivered. In any case, after delivery the responsibility for the condition of the product lies with the user.
For the execution of the order the follows a step by step ordering process. In any case, until checkout technical means for the identification and correction of any errors in the procedure shall be at your disposal, such as the capacity to return to previous technical steps before final submission.
Product offers in this online store are valid up until stocks are exhausted.
By purchasing from the Site, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect any unpaid debt and to obtain credit card authorization.
Product availability on the Site is not guaranteed as products may be low in stock or out of stock when an order is completed.
Prior to the completion of the order, during the electronic process of ordering, the potential customer may press “remove” and the order will automatically be cancelled. In the occurrence that the customer would like to cancel the order subsequently to its completion or to alter the order, one can communicate with our company within a time frame of 2 hours electronically by email at info@oceaniacollection.com
DISCLAIMER
This Site and all contents of the Site are provided on an ‘as is’ basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that Company shall not be liable for any damages of any kind related to your use of this Site.
INACCURACY DISCLAIMER
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
NO WARRANTIES
COMPANY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
AFFILIATED SITES / LINKS TO OTHER WEB SITES & SERVICES
Company has no control over, and no liability for any third party websites or materials. Company may work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
GOVERNING LAW
For any dispute between Endless Oceania and its customers/users arising from or in relation to the use of the website these terms shall be governed and construed in accordance with Greek law without reference to its conflict of laws principles and shall be subjected to the exclusive jurisdiction of the competent courts of Athens, Greece.
SEVERABILITY WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
TERMINATION
We may terminate, change, suspend, restrict or discontinue any aspect of the Site at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or terminations of your Site use privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Sites and Content, and anything connected with, relating to or arising therefrom.
ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
CONTACT US
Please direct all questions or comments about the Site, these Terms, or any products you purchased through the Site to: info@oceaniacollection.com
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