Terms of service
This website is operated by Omotema. Throughout the site, the terms “we”, “us” and “our” refer to Omotema. We offer this website, including all information, tools and services available herein, to you (the user) subject to your acceptance of all stated terms, conditions, policies and notices.
By visiting our site or purchasing from us, you engage with our “Service” and agree to be bound by these Terms of Service (including referenced additional terms, conditions and policies via hyperlink). These Terms apply to all site users, including browsers, vendors, customers, merchants, and content contributors.
Please read these Terms carefully before accessing or using our website. Accessing or using any part of the site constitutes acceptance of these Terms. If you do not agree to all terms, you may not access the site or use any services. If these Terms are deemed an offer, acceptance is limited exclusively to these Terms.
New features or tools added to the store are also subject to these Terms. You can review the latest version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check this page periodically for changes. Continued use of the site after changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state/province of residence. If you are of majority age, you may consent to minor dependents using the site.
You may not use our products for illegal or unauthorized purposes, nor violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.
You must not transmit worms, viruses or any destructive code.
Breach of any 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 understand that your content (excluding credit card information) may be transferred unencrypted, including (a) transmissions over various networks; and (b) adaptations to meet technical requirements of connecting networks or devices. Credit card information is always encrypted during network transfers.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, its use, access, or any site contact without our express written permission.
Headings in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for inaccurate, incomplete or outdated information on the site. Material is provided for general information only and should not be the sole basis for decisions without consulting primary, more accurate sources. Reliance on site material is at your own risk.
The site may contain historical information, provided for reference only and not current. We reserve the right to modify site content at any time but have no obligation to update information. You agree to monitor site changes.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part) at any time without notice.
We shall not be liable to you or third parties for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products/services may be available exclusively online with limited quantities, subject to return or exchange only per our Return Policy.
We have made every effort to display product colors and images accurately, but cannot guarantee your computer monitor’s display will match the actual product.
We reserve the right (but are not obligated) to limit sales by person, region or jurisdiction on a case-by-case basis, and to limit product/service quantities. All product descriptions and pricing are subject to change at our sole discretion without notice. We may discontinue any product at any time. Offers are void where prohibited.
We do not warrant that product/service quality, information or materials will meet your expectations, or that Service errors will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities per person, household or order (including orders under the same account, credit card, or billing/shipping address) at our sole discretion. We may attempt to notify you of order changes or cancellations via provided contact information. We reserve the right to prohibit orders deemed placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information, and to update it promptly (including email address and credit card details) to facilitate transactions and communication.
For details, review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools we do not monitor, control or endorse.
You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations or conditions of any kind. We are not liable for any issues arising from your use of third-party tools.
Use of optional third-party tools is at your own risk and discretion. You should review and approve the third party’s terms before use.
Future new services/features added to the site will also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Site content, products and services may include third-party materials.
Third-party links direct to unaffiliated websites. We are not responsible for examining/evaluating third-party content or accuracy, and do not warrant third-party materials, websites, products or services.
We are not liable for harm or damages related to transactions with third parties. Review third-party policies before engaging in transactions. Direct complaints about third-party products to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send specific submissions (e.g., contest entries) or unsolicited creative materials (collectively “comments”) via online, email, mail or other means, you agree we may edit, copy, publish, distribute, translate and use such comments in any medium at any time without restriction. We have no obligation to maintain comments in confidence, pay for them or respond to them.
We may (but are not obligated to) monitor, edit or remove comments deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable or in violation of intellectual property rights or these Terms.
You agree your comments will not violate third-party rights (including copyright, trademark, privacy) and will not contain unlawful, abusive, obscene material or malware. You may not use false contact information or impersonate others. You are solely responsible for comments and their accuracy. We take no responsibility for user or third-party comments.
SECTION 10 - PERSONAL INFORMATION
Submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
The site or Service may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct such issues and update information or cancel orders at any time without prior notice (including after order submission).
We have no obligation to update, amend or clarify information (including pricing) except as required by law. No specified update/refresh date indicates all information has been modified.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions, you may not use the site or its content: (a) for unlawful purposes; (b) to solicit unlawful acts; (c) to violate international/federal/provincial/state/local laws; (d) to infringe intellectual property rights; (e) to harass, abuse, defame, intimidate or discriminate; (f) to submit false/misleading information; (g) to upload viruses/malware; (h) to collect/track others’ personal information; (i) to spam, phish, crawl or scrape; (j) for obscene/immoral purposes; or (k) to interfere with/circumvent security features. We reserve the right to terminate Service access for prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, timely, secure or error-free Service use.
We do not warrant that Service results will be accurate or reliable.
You agree we may remove or cancel the Service indefinitely or at any time without notice.
Your use of, or inability to use, the Service is at your sole risk. The Service and all products/services delivered are provided “as is” and “as available” without express or implied warranties (including merchantability, fitness for purpose, durability, title and non-infringement).
In no event shall Omotema, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages (including lost profits, revenue, savings, data, replacement costs) arising from Service use, product purchases, or related claims (including errors/omissions in content), even if advised of the possibility. Liability is limited to the maximum extent permitted by law in jurisdictions where consequential/incidental damage limitations are prohibited.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Omotema, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand (including reasonable attorneys’ fees) by third parties arising from your breach of these Terms or violation of laws/third-party rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms is deemed unlawful, void or unenforceable, it shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed. This shall not affect the validity of remaining provisions.
SECTION 16 - TERMINATION
Obligations and liabilities incurred prior to termination survive for all purposes.
These Terms are effective until terminated by you or us. You may terminate by notifying us or ceasing site use.
We may terminate these Terms at any time without notice if you fail (or we suspect you failed) to comply with any provision. You remain liable for all amounts due up to the termination date, and we may deny Service access.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision does not constitute a waiver.
These Terms and any posted policies/operating rules constitute the entire agreement between you and us, governing your Service use and superseding all prior oral/written agreements, communications and proposals (including prior Terms versions).
Ambiguities in interpreting these Terms shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and any separate Service agreements are governed by and construed in accordance with UK laws.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the latest Terms version on this page at any time.
We reserve the right to update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check for changes periodically. Continued site/Service use after changes are posted constitutes acceptance.
SECTION 20 - CONTACT INFORMATION
Direct questions about these Terms to service@omotema.com.