TERMS AND CONDITIONS (Terms of Sale)
1. GENERAL PROVISIONS
O&J FASHION STORE (hereinafter “O&J FASHION STORE”) offers products from O&J Fashion Store collections (hereinafter “Product(s)”) for sale directly to its costumers through this site www.oj-fashion.com (hereinafter to be called the “Site”),(hereinafter the “Site”). The sale of Products on the Site is subject to these Terms and Conditions of Sale (hereinafter “Terms of Sale”). The Products offered for sale on the Site are sold by O&J Fashion Store, a company organized and existing under Ukrainian laws.
2. INFORMATION TO CONSUMERS
2.1. The Products displayed on the Site are offered for sale to consumers only (hereinafter “Consumer(s)” or "You"). The purchase of the Products on the Site is permitted only to individuals who are 18 years of age or over. The Products offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.
2.3. By submitting a purchase order You hereby accept and undertake to observe, in the performance of the contract with O&J Fashion Store, these Terms of Sale. If You do not agree with any of the terms set out in the Terms of Sale, You shall not to submit the purchase order for the purchase of the Products on the Site.
3. ORDER PROCEDURE AND ACCEPTANCE
3.1. For each Product offered for sale on the Site, a picture of the Product concerned will be displayed on the Site, together with the unitary price, the colours and sizes available. Pictures of Products are provided purely to illustrate the Product. O&J Fashion Store will not be responsible for any inadequate graphical representation of the Products offered for sale on the Site.
3.3. It is possible to correct errors in the information entered during the purchase process up to the submission of the order by following the specific Amendment Procedure indicated on the Site. Once the order is submitted You will not be able to amend or cancel it.
3.4. After the submission of the order, O&J Fashion Store will send You an email to the address You entered during the purchase procedure, to confirm that O&J Fashion Store has received the order and it is processing it (the "Order Confirmation"). Consumers will be able to access their orders at any time through the “My Account” section on the Site or by contacting Customer Service by e-mail at: firstname.lastname@example.org
Please note that the Order Confirmation does not constitute acceptance by O&J Fashion Store of Your order. The order will be accepted by O&J Fashion Store and Your credit card will be debited only after the Product(s) You ordered are dispatched. At this point O&J Fashion Store will send You an email that confirms that Your order has been accepted and the Products have been shipped (the "Shipping Confirmation"). The paper invoice will be included with the Product.
3.5. O&J Fashion Store reserves the right to refuse orders made by persons it considers, in its sole discretion, not having the requirements to place a purchase order or with whom a legal dispute regarding a previous order is on-going or for any other legitimate reason, without any need to provide the reasons for the same. O&J Fashion Store reserves the right to refuse and not to process orders which, in its sole discretion, appear to be sent by dealers and/or distributors.
4.1. O&J Fashion Store invites You to check the availability of Products offered for sale on the Site at the time of purchase, since Products sold by O&J Fashion Store on the Site may be subject to stock limits and O&J Fashion Store does not guarantee that they will always be available.
4.2. In the event of temporary unavailability of the Products You ordered, O&J Fashion Store will inform You within 5 business days (and in any case, within the delivery time limit as specified under section 6.2 below) by sending You an e-mail or by calling You if You have provided Your telephone number during the purchase process registration. If the Product/s is/are not available, no amount will be deducted from Your credit card. If the purchase amount has already been charged, a refund will be issued within 30 days.
5. PRICES AND PAYMENT
5.1. Prices of the Products available for sale on the Site are in US dollars and Your purchases on the Site will be made in US dollars. O&J Fashion Store will not be responsible for any differences in the prices credited to Your credit card due to fluctuations of the exchange rates applied by your bank or credit card issuer.
5.2. While we will make reasonable efforts to provide accurate and timely pricing information, errors may occur. If an error in the price of the Products You ordered is identified after O&J Fashion Store sent You the Acknowledgement Receipt but before the Order Confirmation, O&J Fashion Store will contact You and ask You if you want to re-confirm the order at the correct price or to cancel it. If O&J Fashion Store is not able to contact You, it will cancel the order and send You an email confirming the cancellation. Errors in prices identified after O&J Fashion Store sent You the Confirmation Order will not affect Your purchase.
5.3. All prices of the Products do not include shipping costs which will be charged separately. Shipping costs depend on the shipping destination and the type of delivery You choose during the purchase procedure. Shipping costs will be itemized on the order check-out page, in the Acknowledgement Shipping Receipt/Order Confirmation as well as in the e-mailed invoice.
5.4. O&J Fashion Store only accepts payment by the following payment systems:
Visa, MasterCard, PAYU, Yandex.Money, WebMoney Credits, Privat24, PerfectMoney, QIWI, "CONTACT”.
5.5. All Products are supplied with an identifying card setting out an identification number forming an integral part of the Product concerned. Do not remove the card and related identification number from the purchased Products until You have verified that the Products conform to the Products You ordered or until You decide not to exercise Your right of return under Section 9 below.
6.1. The Products will be dispatched to the address provided during the purchase process. For security reasons, O&J FASHION STORE will not ship any order to a P.O. Box or accept any order where it is impossible to identify the individual private recipient of the order, and its address.
6.2. All purchases will be delivered by O&J Fashion Store's selected courier service (hereinafter, “Courier”) between Monday and Friday excluding Saturdays, Sundays and local or national holidays, after the Order Confirmation is sent to You, on the basis of the indicated availability. Products will be delivered within 5 (five) business days from the Order Confirmation. In any case, O&J FASHION STORE will not responsible for delays that are unforeseeable and/or attributable to the Courier.
6.3. In the event You do not receive the Products within 5 (five) business days following receipt of the Order Confirmation, we invite You to contact O&J Fashion Store at email@example.com or phone +380939656666 . O&J Fashion Store reserves the right not to respond to complaints sent after 30 (thirty) days from receipt by You of the Order Confirmation.
7. CHANGES TO, AND CORRECTIONS OF, THE TERMS OF SALE
7.2 We will make reasonable efforts to display accurate and timely information about Products on the Site. However there may occasionally be typographical errors, incorrect statements or omissions regarding the description of the Product, the price, any promotions, offers and the availability of the Product concerned (hereinafter “Errors”). O&J Fashion Store reserves the right, at any time and without notice to You, to correct such Errors, to change or update information, to revoke offers containing such Errors and to cancel any order at any time prior to shipment. In the event that Your credit card is charged for a cancelled order, You will be promptly informed by O&J Fashion Store at the email address provided during the purchase process registration and a refund will be issue to Your payment card within 30 days.
SALE AND THE WEBSITE
7.3. All changes and/or corrections mentioned above will apply only to purchase orders submitted subsequently to the date of the change or correction made by O&J Fashion Store. Unless O&J Fashion Store decides, in its sole discretion, to cancel an order or You accept to re-confirm the order pursuant to section 5.2 above, You will only be charged the prices appearing on the Order Confirmation after an Order Confirmation is sent.
8. CONFORMITY OF ORDERS
8.1. Products must be checked by You at the time of delivery to You to ensure that they correspond to the Products You ordered.
8.2. Any anomalies identified at the time of delivery, including without limitation any tampering or damage to the packaging, damage to the Products, missing items, non-conformity to the Products ordered, defective Products, etc. (hereinafter "Defects"), can be indicated by You directly to the Courier by inserting a written and signed comment on the Delivery Note. In such circumstance You will not be required to accept the Products and may return them directly to the Courier.
8.3. In the event that any Defects are identified after delivery, the You may return the Product to O&J Fashion Store following the procedure described under Section 9 below.
9. RETURN POLICY
9.1. You are entitled to return products purchased through the Site without any reason, within fourteen (14) days from the date of receipt of the Products purchased on the Site. When exercising the right of return You are not allowed to change the purchased Product with another Product.
9.2. In order to exercise the right of return, You are required to send a completed Return Coupon Card to the following address: Nikolaev, PO, zip 54051 specifying:
(i) the desire to exercise the right of return;
(ii) the description of the Products subject to the right of return;
(iii) the identification number of the purchase order communicated by O&J Fashion Store;
and to follow the procedure described under section 9.6 below,
visit O&J Fashion site page - http://www.oj-fashion.com/index.php?route=account/return/insert
and fill out all necessary information regarding Product to exercise the right of return.
9.3. A refund will be issued to the purchaser of the Product, provided that Products are returned unused, unwashed and in the same condition in which they were delivered, with all original labels attached including anticounterfaiting label , and complete with all parts and accessories using their original packaging. In case the right of return is exercised for all the Products included in the same purchase order, all Products must be returned to us contemporaneously with the same shipment.
9.4. O&J Fashion Store reserves the right to inspect the Products returned and to refuse the return of those Products which do not comply with the requirements specified under 9.3 above.
9.5. A full refund, including the original shipping costs, will be issued to the same means of payment used for the purchase, provided that the conditions described under section 9.3 above have been met. In case of return of Products purchased as a gift (i.e. Products shipped to a recipient different from the person who made the payment), the refund will be issued to the person who made the payment.
9.6. To return the Products to O&J Fashion Store, follow the procedure described below:
1. Check the presence of the label and commercial documents accompanying the Products within the package;
2. Contact the Courier number present on the receipt and agree date and time for collection directly with the Courier;
3. Obtain from the Courier a copy of the receipt for the collection of the Product duly signed by the Courier, and retain it as evidence of the collection. In this case all the shipping costs, including the costs for returning the Products to O&J Fashion Store will be borne by O&J Fashion Store.
If You elect to use the Local Post Service (only Ukr Poshta or Russian Post Service), O&J Fashion Store recommends that You insure the whole value of the Product being returned, obtain and carefully preserve the shipping receipt and number. In this case shipping costs for returning the Products shall be born by You and O&J Fashion Store will not be liable for refunding the price of Products which have not been received by O&J Fashion Store as a consequence of loss, theft or damage not attributable to O&J Fashion Store.
O&J Fashion Online Store
10. DISCLAIMER OF WARRANTY
10. O&J FASHION STORE MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRODUCTS, THE ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SITE OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED FOR SALE ON THIS SITE. O&J FASHION STORE DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
ANY PURCHASE IS "AS IS" AND AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA THIS SITE SHALL BE AS EXPRESSLY SET FORTH IN OUR RETURN POLICY SET FORTH ABOVE.
11. O&J FASHION STORE LIABILITY
11.1. PRODUCTS OFFERED FOR SALE ON THE SITE ARE SUPPLIED “ACCORDING TO AVAILABILITY”.
11.2. O&J FASHION STORE WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, O&J FASHION STORE'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE OF THE PRODUCTS FROM THIS SITE.
THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF O&J FASHION STORE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11.2. NOTHING IN THESE TERMS OF SALE EXCLUDES OR LIMITS O&J FASHION STORE'S LIABILITY TO YOU FOR FRAUD OR GROSS NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY MANDATORY PROVISION OF APPLICABLE LAW.
12. USE OF O&J FASHION STORE WEBSITE
13. GOVERNING LAW AND JURISDICTION
13.1. These Terms of Sale, and any dispute arising out of or relating to these Terms of Sale, shall be governed by the laws of Ukraine without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. Any dispute arising from or connected with these Terms of Sale and any purchase contract concluded between You and O&J Fashion Store pursuant to these Terms of Sale, will be submitted to the exclusive jurisdiction of the competent courts in Ukraine.
13.2. If any of the provisions contained in these Terms of Sale is found to be invalid, null and void or inapplicable for any reason, such provision will be deemed to be separable and will not prejudice the validity and applicability of the other provisions.
14.1. If You have any complaint or if You need any information or assistance in relation to the Site or the purchase procedure, please contact O&J Fashion Store customer service at firstname.lastname@example.org or email@example.com or by phone - +380939656666 or through site page - http://www.oj-fashion.com/index.php?route=information/contact
15. If O&J Fashion Store should fail to insist upon strict performance of any of Your obligations under these Terms of Sale, or if O&J Fashion Store should fail to exercise any of its rights or remedies to which O&J Fashion Store is entitled pursuant to the Terms of Sale, this shall not constitute a waiver of such rights or remedies and shall not relive You from compliance with such obligations.
A waiver by O&J Fashion Store of any default shall not constitute a waiver of any subsequent default. No waiver by O&J Fashion Store of any of these Terms of Sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Last updated May 2013