INTRODUCTION AND ACCEPTANCE OF THE TERMS AND CONDITIONS
The general Terms and Conditions detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or ‘Your’ or the ‘Customer’) and ‘Omorphia’ (hereafter also referred to as ‘We’ or ‘Our’, or ‘Us’ or ‘the Website’). Both parties understand and accept these Conditions without reservation. These Terms and Conditions are the only ones that are applicable. By confirming your order, you agree that you have read and accepted our General Terms and Conditions without reservation. These Terms and Conditions are important to you and Omorphia as they are used to protect your rights as a valued customer and our rights as an organization.
ACCESS TO THE WEBSITE
We work hard to ensure that the Website is always up and available, but there may be occasional disruptions. We reserve the right to close the Website for short periods of time for general maintenance but will attempt to keep this to a minimum. We will not be liable for delay of services or website downtime when, for any reason, any part of the entire Website is unavailable for any period of maintenance time.
Certain segments of the Website require you to input a password in order to access enhanced features. This protocol enables us to give you details relevant to your order, while still keeping your information private to you. To do this, as part of our security procedures, we require you to register an account with Omorphia by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and that you log out from your account at the end of each session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, and not disclose it to any third party. This information must only be used by you. If you think there may have been any breach of security with this information, it is your responsibility to notify us immediately, and if log-in as soon as possible, to change your password. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions.
We do not guarantee that the Website or any content provided on the Website is without error. We manage your personal data according to our Privacy Policy.
PRODUCT INFORMATION
Omorphia takes great care when putting product information, descriptions, and images online but will not be held responsible for any mistakes or omissions to any information given.
PRICES
The prices indicated on the Website are shown in US Dollars as payment is processed through Stripe (US based company) and do not include delivery costs. However cash/debit or credit card at pick up is paid in BS dollars and the payment option to transfer funds to our local bank account is also paid in BS dollars. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any time, but this will be indicated to you on the order, at the time the order is placed. If an obviously incorrect price appears on our website and it is not corrected on your total at the time of the completion of the order, for whatever reason (human error, technical error etc.), your order will be canceled and the payment refunded to you, even if it has been initially validated.
AVAILABILITY
We will always seek to fulfill your order once it is completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of your payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow at a later date with the outstanding items, once they become available again. We will refund the shipping fees for the rest of the order. If relevant, and with your consent, we will offer you a replacement for an unavailable product. That replacement will be a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.
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SECURE PAYMENT
Omorphia currently offers one way to pay for products online, which is with secure credit card processing with Stripe. Omorphia commits and will make best efforts to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make the delivery or by you, or because of some unforeseen event, or an Act of God. In the event that you do not receive your purchase, an investigation will be conducted with the carrier. This investigation may take several days following receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
RIGHT OF RETURN
Omorphia allows you 7 days to return a product ordered online with which you are not satisfied. Your right of return starts from the moment your order is processed. If the product is returned within 7 days of its delivery/pickup, the User will be reimbursed using the same payment method used for purchase. Please note, Items are only eligible for return in their original condition: unopened and unused. Items not in this condition will not be accepted.
PRIVACY AND PROTECTION OF PERSONAL DATA
The details that you provide to us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore, failure to provide these details in full, as required, will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you, in accordance with relevant laws of The Bahamas. You can at any time make a request to Omorphia to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you, in light of the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.
INTELLECTUAL OWNERSHIP
All the content on Omorphia's website (illustrations, text, names, brand names, images, and videos) is the property of Omorphia. However there are certain illustrations for blogs and promotional communications are common domain or taken from the internet. Any partial or total reproduction of this content, by any means and on any support system, is subject to prior and express authorization by Omorphia. All information, content, and files are protected by Bahamas and International law concerning intellectual ownership and copyright. Omorphia cannot give you the right to copy, display or distribute content to which do not have the intellectual rights. All fraudulent use of this content that violates the rights held by a third party constitutes an offense of forgery, which is punishable under law.
Omorphia will not, under any circumstances, be held responsible if a user violates rights held by a third party through his/her activities on the site.
WAIVER AND SEVERABILITY
Any failure of Omorphia to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Omorphia and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms and Conditions). If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
FEEDBACK & COMMENTS
Any opinions left on the Website by Omorphia customers are screened and moderated by Omorphia. If the comments violate the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary, etc.) Omorphia reserves the right to remove or modify them.