Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to these Web Terms. At times, additional terms may apply. If you do not accept these Web Terms and/or the additional terms, please leave the Site and discontinue use of the Services immediately.
REPRESENTATIONS & WARRANTIES
You hereby declare that:
you have read and accepted the Web Terms in its entirety;
you are at least 18 years old and have the necessary legal capacity, right, power and authority to accept these Web Terms;
all of the information provided by you to Oooh Darling (including personal particulars and contact information) is accurate and complete.
SITE AND SERVICES
- The Site is owned and maintained by Oooh Darling.
- Oooh Darling may now or in the future offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
- online ordering of Products
- access to Content
- a platform to create, upload and publicly make User Content available
- product reviews and catalogs; message boards; forums; blogs; and communication tools
- any other features, content or applications that Oooh Darling may offer on the Site from time to time in its sole and absolute discretion.
- You acknowledge and agree that by placing an order for Products and to access and use certain Services, you will agree to the Web Terms.
CONTENT USE CONDITIONS
You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
any Oooh Darling Content except with prior written consent from Oooh Darling or unless expressly permitted in these Web Terms;
any User Content except with prior written consent from Oooh Darling and the owner of the specific User Content, unless you are the sole owner of said User Content.
You agree not to reproduce, display or otherwise provide access to the Services, Oooh Darling Content, or Third Party User Content on another website or server. This includes framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Oooh Darling.
You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Oooh Darling Content available on the Site or through a Service except under specific circumstances expressed and permitted by law or by Oooh Darling in writing.
DATA USE & PRIVACY
PASSWORD & ACCOUNT
You shall promptly notify Oooh Darling of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You will be responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
Oooh Darling shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your User ID and Password.
SUSPENSION AND TERMINATION OF ACCOUNT
You agree that Oooh Darling has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason.
Oooh Darling reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any Web Terms or if Oooh Darling believes you have been using the Account for unlawful and/or undesirable activities.
You agree not to hold Oooh Darling liable or responsible for any loss or damage incurred by you arising out of, or in connection with the suspension and/or termination of your Account.
The domain name on which the Site is hosted on is the sole property of Oooh Darling and you may not use, or otherwise adopt a similar name for your own use.
You hereby agree:
not to use any Service or Oooh Darling Content for any unlawful purpose, and to comply with all applicable laws and regulations, including and without limitation to copyright law.
not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair how the Site, Services or Servers work. This includes denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
USER CONTENT & LICENCE
If, at any time you upload or submit User Content to the Site you automatically:
grant Oooh Darling and its subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers.
represent and warrant that:
all User Content are your own original works and creations and will not infringe the copyright or any other intellectual property or other rights of any third party;
none of the User Content are proprietary or confidential;
none of the User Content are Improper Works, nor will they expose Oooh Darling to any civil or criminal proceedings in any part of the world.
You agree to indemnify and hold Oooh Darling and its officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of any User Content or Improper Works you submit, post to or transmit through the Site or Services.
NOTIFICATION OF INFRINGEMENT
Oooh Darling reserves the right to investigate notices of copyright, trademark and other intellectual property infringement in respect to Oooh Darling Content, User Content and other material on the Site and take appropriate action. If you believe your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Oooh Darling in writing immediately.
Oooh Darling will, in response to all Infringement Notices and undertake the necessary investigations and if necessary remove the Infringing Material from the Site within a reasonable time. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Oooh Darling in respect to any Infringing Material, unless you have first given Oooh Darling the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Oooh Darling refuses or fails to remove the Infringing Material within a reasonable time. If Oooh Darling removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Oooh Darling under any applicable law which you may have in respect to any Infringing Material appearing on the Site prior to removal by Oooh Darling.
DISCLAIMERS & LIMITATIONS
- While we make every effort to ensure that all Oooh Darling Content displayed on the Site is accurate and complete, we provide the Oooh Darling Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied.
- You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk. Oooh Darling shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
- Oooh Darling does not warrant that the functions contained in or access to the Site, Services, Oooh Darling Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Oooh Darling Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Oooh Darling Content in or with any Computer will not affect the functionality or performance of the Computer.
- In no event shall Oooh Darling be liable to you for any damages, losses, expenses, liabilities under any causes of action caused through the use of, or the inability to use, the Oooh Darling Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that Oooh Darling is found to be liable for damages despite the foregoing provision, you agree that Oooh Darling’s aggregate liability to you for any and all causes of action in relation to the Oooh Darling Content, Services, Site, and the Web Terms, shall not exceed the total amount of fees and charges paid by you for the Services to Oooh Darling for the one (1) month period immediately preceding the time such liability arose.
Oooh Darling may provide links to Linked Sites that may be of relevance and interest to our users. Oooh Darling has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites. You hereby irrevocably waive any claim against us with respect to the Linked Sites.
ORDERS, PRICE AND PAYMENT
Oooh Darling shall be entitled to:
decline to accept or reject the Buyer’s Order in whole or in part without assigning any reason;
delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.
Oooh Darling shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Online Store.
No promotion, offer, voucher, or online store credit will be applied retroactively to any standing or previously placed Order. Any applicable promotions, offers, vouchers, or online store credit must be stated before checkout as these cannot be claimed or applied after an Order have been made. No promotion, offer, voucher, or online store credit may be exchanged for cash.
Unless otherwise agreed by Oooh Darling in writing, payment for the Products shall be made by the Buyer in full by valid Online Payment before physical delivery of Products.
The Buyer warrants and agrees that it is ordering Products for his/her own use only and not for re-sale, distribution or export. The Buyer shall indemnify Oooh Darling and hold Oooh Darling harmless against all losses, damages, liabilities, expenses and costs arising from any breach of this clause.
For delivery, the Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable duties, tariffs and taxes (including, but not limited to, goods and services tax) at the prevailing rates, which are not determined at checkout but will be determined by your local customs officials once the Products arrive in your territory (where applicable). Buyer shall not be entitled to reject any Products, withdraw any Order, or claim any refund on the grounds that the Buyer does not agree with any such duties, tariffs and taxes.
All Online Payments are subject to processing by Oooh Darling’s payment service provider, the approval of the Payment Processing Company and the relevant issuing bank. Oooh Darling shall not be liable in any way if the payment service provider, Payment Processing Company or the issuing bank refuses to process or accept any Online Payment particulars for any reason.
Oooh Darling reserves the right to exercise its lawful remedies if a dispute or issue arises over Online Payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Payment Processing Company or the issuing bank rejects or reverses payment for an Order, Oooh Darling may in its discretion:
cancel the Order and/or
refuse to accept future Orders from you.
PRODUCT AVAILABILITY AND DESCRIPTIONS
Products displayed on the Online Store are subject to availability.
Oooh Darling has made every effort to display and describe as accurately as possible the colours, sizes, dimensions, information and other attributes of Products. However, due to the inherent limitations of electronic displays and the characteristics of certain materials, actual Attributes of individual Products may vary. Slight marks and colour/print variations should not be considered as defects or render the Product non-compliant, but are inherent characteristics of the Product. All Attributes given on the Online Store are approximate only.
ORDER DELIVERY AND CANCELLATION
The Buyer shall state in the Order the Buyer’s preferred delivery option or if available, collection options, and where the delivery option is selected, the address for delivery of the Products.
Please read our full Delivery Terms for local and international deliveries.
Where the option is made available by Oooh Darling, and the Buyer opts for self-collection of the Products, the Buyer shall collect the Products at an address designated by Oooh Darling.
Oooh Darling is unable to ship to any PO Box, military, protected area or location. Shipping and other charges for failure of attempted delivery to the restricted areas will be borne by Buyer or the recipient of the Products.
There may be an administrative fee payable by the Buyer for any changes in delivery address for each Order.
The Buyer is aware that the courier company or customs authority may in their sole discretion, open and inspect for any reason the contents of the Product package. Oooh Darling shall not be liable for any loss or damage thereby caused.
Any shipment, delivery or collection dates provided by Oooh Darling or the courier company are estimates only. Oooh Darling shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused.
Oooh Darling reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to change its prices or specifications of any Product.
The Buyer acknowledges that Oooh Darling’s liability to deliver the Products to the Buyer is subject to the availability of the Products. The Buyer further acknowledges that Oooh Darling retains absolute discretion as to the order of priorities in which any Products are delivered to Oooh Darling’s customers.
ACCEPTANCE OF PRODUCTS
Unless the Buyer notifies Oooh Darling in writing to the contrary within thirty (30) days of the date of delivery, the Products shall be deemed to have been accepted by the Buyer as being in good condition.
- Oooh Darling reserves the right to refuse any return or replacement of a Defective Product if
- The Buyer is unable to produce the Invoice
- The defect is the result of:
- unique, accidental, or random damage that is the result of use by the Buyer, or wear and tear.
- accidental nicks, scratches, or minor damage
- modification of the Product not authorised by Oooh Darling
Oooh Darling makes no warranty in respect to any Oooh Darling Product, expressed or implied, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose.
- For purposes of these Web Terms, a Force Majeure Event is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s territory, and which results in the party being unable to observe or perform on time an obligation under these Web Terms. These include, industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
Oooh Darling shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer may not terminate the Order by reason of any such delay or failure.
In the event that any Force Majeure Event results in a shortage of Products, Oooh Darling shall be entitled to allocate its available stock of the Products among its customers in such a manner that Oooh Darling may consider equitable and may make partial deliveries of any Products to the Buyer.
- Oooh Darling reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time.
- Oooh Darling may from time to time vary or amend these Web Terms by posting the amended Web Terms at this Site. Any use of the Services or access to the Site after the amendment of these Web Terms will be considered as acceptance of the amended Web Terms by you. If you do not agree to the amended Web Terms, you have the right to cease using the Services or to exit the Site.
Any attempt to modify, supplement or amend these Web Terms by the Buyer will be null and void, unless expressly agreed to in writing by Oooh Darling.
No failure on the part of Oooh Darling to exercise, and no delay on its part in exercising, any right or remedy under these Web Terms will operate as a waiver thereof. Nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
If any provision of these Web Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Web Terms and the remainder of the provisions in question shall not be affected thereby.