Terms and conditions

1. Introduction

1.1 These terms and conditions apply to the use of our website or the purchase of products offered on our website.

1.2 The definitions and interpretations of these terms and conditions are set out in section 26.

2. Consent

2.1 You represent and warrant that:

(a) you are a natural person aged 18 or over;

(b) you are authorized to enter into a legally binding contract with us; and

(c) you are not prevented by any applicable law or contract from entering into a legally binding contract with us.

2.2 We reserve the right to request written confirmation of your eligibility to accept these terms.

2.3 You represent and warrant that:

(a) you have not been convicted of a computer or Internet-related offense; and

(b) have previously been barred from products or website access.

2.4 We reserve the right to deny you access to our website if we deem such denial necessary or appropriate.

2.5 By placing an order, you represent that:

(a) you have read these terms carefully and in their entirety;

(b) you offer to purchase the order only in accordance with these terms;

(c) your order confirmation is based solely on these terms; and

(d) you agree to comply with these terms.

2.6 If you do not agree to these terms, you may not use the website or purchase products.

2.7 You must expressly agree to these terms in order to:

(a) submit information to or through our website; or

(b) purchase a product.

2.8 By visiting our website, purchasing products or agreeing to these terms and conditions:

(a) you also agree to our privacy policy; and

(b) you accept and agree to abide by our acceptable use policy (see section 12 below for more information).

2.9 We recommend that you print a copy of these terms for future reference.

2.10 If you do not agree to these terms, you must not place an order or contact us.

3. Personal Use

You confirm that you are using the website solely for the purchase of products for personal, non-commercial purposes as an individual and that you are not acting as an agent or on behalf of another person.

4. Price

4.1 The prices of products displayed on our website include delivery charges but exclude fees, taxes, customs duties or other similar governmental charges ("unpaid and untaxed").

4.2 Any customs duties, taxes, levies or other governmental charges and declarations related to the import of the products to the delivery address are your responsibility and are not included in the product price. In some cases, deliveries may incur additional charges for which the seller is not responsible and which must be borne by the customer. In addition to shipping costs, these charges include customs duties or import sales tax, as the goods are shipped from a non-EU country (China). Before placing an order, you should check with customer service whether customs duties apply to a particular product.

4.3 We strive to ensure the accuracy of all information, descriptions and product prices displayed on our website. If we discover a pricing error, we will inform you as soon as possible and give you the option to confirm your order at the correct price or cancel it.

4.4 We are not obligated to fulfill an order if the price stated on the website is incorrect (even after you have received an order confirmation).

4.5 Prices are subject to change at any time. However, such changes will not affect orders for which an order confirmation has already been sent.

5. Placing an order

5.1 Once you have placed an order, each order is subject to availability. If we have sufficient stock to fulfill your order, you will receive an order confirmation, which serves as confirmation of receipt of your order.

5.2 A contract is concluded only when we have issued an order confirmation and only for the products specified in the order confirmation.

5.3 If your order includes multiple products, these may be delivered to you in multiple shipments on different dates.

5.4 We reserve the right to withdraw products from the website at any time.

5.5 We reserve the right to refuse or cancel an order you have placed at any time (even after an order confirmation has been sent).

5.6 If we cancel your order after receiving payment, you will be refunded the full payment.

6. Payment

6.1 You can pay for products using any of the payment providers listed on our website.

6.2 We are not responsible for the unauthorized use of your credit, debit or prepaid cards by third parties, even if such cards have been reported stolen.

6.3 You may not make chargebacks or attempt to obtain a refund for any payment you have made for products.

7. Delivery

7.1 We will endeavor to deliver your order to the delivery address specified at the time of ordering.

7.2 We will provide you with an estimated delivery date at checkout.

7.3 If we are unable to deliver the products to certain addresses, we will inform you and proceed to cancel and refund the order.

7.4 The risk of the products transfers to you upon delivery to the delivery address.

Contact

If you have any questions or concerns about these terms, the website or the products, please contact us by e-mail.

8. Order Cancellation or Modification

8.1 Once an order has been placed on our website, you can cancel or modify it by sending us an email.

8.2 Once an order has been packed, it cannot be canceled or modified; it must be returned in accordance with section 10 below. Since our goods are shipped from Asia, transit times may be longer and we have no control over these times. If the product is already in transit, cancellation is not possible. In this case, please wait to receive the goods and return them to us. You can, however, inform us of your cancellation in advance. To ensure a quick return, we ask you to send us a shipping confirmation. An early refund is possible at the earliest 16 weeks after receipt of the order if the goods have not arrived.

8.3 As we work with a fully automated system, orders are processed immediately after shipment. Therefore, we are unfortunately unable to interrupt the delivery process before it is completed, which means that a refund before receipt of the goods is only possible within 24 hours of placing the order.

9. Defective Products

9.1 You confirm that the products are standard products and have not been custom-made to meet your specific needs.

9.2 All descriptions, information and documents relating to the products on the website are provided "as is", without any express or implied warranty or other representation.

9.3 Product images may differ slightly from the actual product you receive.

9.4 If the product you receive is defective, you can send us an email with information about the product to be returned and a photo of the defective product.

9.5 You can return the product to us in accordance with section 10.

9.6 We will inspect the product upon receipt. Our processing time depends on your order.

9.7 We will notify you by email if we consider the product to be defective.

9.8 Our sole obligation to you with respect to defective products is (at our discretion):

(a) to replace the product and pay the delivery costs to the delivery address, provided that you return the defective product to us and we send you a replacement product; or

(b) refund you an amount equal to the price of the product and the costs of returning the defective product. We will pay this amount to the account from which we received payment.

9.9 If we determine that the product is not defective, we may, at our discretion, decide not to refund the purchase price of the product and require you to pay a reasonable service fee.

10. Returns and Refunds

10.1 Our return policy is an integral part of these general terms and conditions and allows you to use our website.

10.2 If you are not completely satisfied with your order, you can send us an email with details of the product you wish to return and send it back to us. The withdrawal period is 30 days from the date on which you or a third party other than the carrier received the last product.

10.3 Return costs are borne by the customer.

10.4 We must have received the product for the customer to be eligible for a refund. We will inspect the returned product upon arrival.

10.5 You must ensure that the product is returned in the same condition in which you received it and that it is properly packaged. The product must not have been used, the labels must not have been altered and it must be in its original packaging.

10.6 If a product is returned in an unacceptable condition, we reserve the right to refuse to accept it.

10.7 If we are satisfied with the condition of the product, we will send you an email confirming the return and the refund will be processed within 7 days via the payment method used when placing the order.

10.8 The refund will be made in full once we have received the physical goods.

10.9 Since our products are shipped from Asia, delivery times may be longer, which is beyond our control. If the products are already in transit, cancellation is not possible. In this case, please wait to receive the products, then return them to us.

11. Vouchers

11.1 You can use our discount vouchers or promotions to pay for products on the website.

11.2 To use a voucher, the code must be entered on the checkout page.

11.3 Once the code has been entered and applied, the discount will be deducted from the total order amount at checkout.

11.4 Only one promotional voucher can be used per order.

11.5 The value of a promotional voucher does not accrue interest and has no monetary value.

11.6 If the value of the voucher is not sufficient to cover the order, you can pay the difference using another payment method.

12. Authorized Use

12.1 You must not engage in the following activities ("Prohibited Activities"):

(a) Using our website in a manner that may damage the website or impair its performance, availability or accessibility;

(b) Using our website in an unlawful, inappropriate, fraudulent or harmful manner, or in connection with unlawful, inappropriate, fraudulent or harmful activities;

(c) Using our website to copy, store, host, transmit, send, publish or distribute any material consisting of or linked to spyware, computer viruses, Trojan horses, worms, keyloggers, rootkits or any other harmful software;

(d) Engaging in systematic or automated data collection activities (including scraping, data mining, data harvesting or data extraction) on or in connection with our website without our express written consent;

(e) Using our website with robots, spiders or other automated means;

(f) Violating the "robots.txt" file guidelines of our website;

(g) Using data collected through our website for direct marketing purposes (including email marketing, SMS marketing, telemarketing or direct advertising);

(h) Using data collected through the website to contact individuals, companies or other entities;

(i) Using the website to interact with entities without express authorization;

(j) Hacking or attacking the website or attempting to hack or attack the website, or using the website in any manner that could damage or interfere with the website's infrastructure;

(k) Copying, publishing, modifying, decompiling, disassembling, reverse engineering or otherwise attempting to derive the source code of the website;

(l) Using the website to create similar or competing products or services;

(m) Selling, transferring, licensing, distributing or renting access to the website to third parties;

(n) Making the website accessible to third parties via a private data network;

(o) Modifying or altering any content downloaded from our website without express permission.

12.2 You acknowledge that you are responsible for any damage, loss, cost or expense we may incur as a result of your participation in prohibited activities.

12.3 You agree to inform us as soon as possible if you become aware that anyone is engaging in prohibited activity.

13. Links to the Website

13.1 Links on our website to other websites and resources provided by third parties are provided for informational purposes only.

13.2 We have no control over the content of other websites or resources linked to our website.

13.3 You may link to our home page, provided you do so in a fair and legal manner and do not damage our reputation.

13.4 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

13.5 You must not link to our website on any website that is not owned by you.

13.6 We reserve the right to withdraw your permission to link to our website without notice.

14. Intellectual Property Rights

14.1 The code, structure and organization of the website are protected by intellectual property rights.

14.2 We own or license all intellectual property rights in our website and the content and material published on it. These works are protected worldwide by laws and treaties. All such rights are reserved.

14.3 You may use the website and all its content for personal and non-commercial purposes only, in accordance with these terms and conditions. Website content also includes content related to products.

14.4 You agree to notify us of any potential infringement of our intellectual property rights.

14.5 You may not use our trademarks without our prior written permission, unless they are part of material you are using in accordance with section 13 (and you reproduce them exactly).

15. Data Protection

15.1 Our privacy policy is an integral part of these terms and conditions and gives you the right to use our website.

15.2 We use cookies on our website. By accepting these terms, you also consent to the use of cookies in order to enhance your user experience.

15.3 If you provide us with your personal data, we will process it in accordance with your instructions and take appropriate security measures to protect the data against unauthorized access.

15.4 If specific protective measures are necessary or have been agreed in writing, information and documents created in connection with the sale of products may be exchanged between us and made available to our employees, officers, consultants or agents in electronic form.

16. Viruses

16.1 We do not guarantee that our website will be secure or free from errors or viruses.

16.2 It is your responsibility to configure your IT equipment, computer programs and platforms to enable you to access our website. Use your own antivirus software.

16.3 You must not misuse our website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material.

16.4 You must not attempt to gain unauthorized access to our website, the server on which it is hosted or any server, computer or database connected to our website.

16.5 You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack.

16.6 If we consider that you have breached the provisions of this Section 16, your right to use our website will cease immediately. We may report any breach to the relevant authorities and are obliged to do so if required by law.

17. Liability

17.1 To the extent permitted by law, we are not liable for any losses or damages caused by:

(a) content provided by third parties or users;

(b) your own content, including its accuracy, completeness or timeliness;

(c) the quality of the products, their images, their descriptions or their compliance with specifications;

(d) reliance on information on our website or in these Terms and Conditions;

(e) inability to access the website or any part of it;

(f) delays or failures in performing our obligations due to circumstances beyond our reasonable control, such as telecommunication disruptions, power outages, terrorist attacks, fuel shortages, severe weather, computer failures, delivery problems with suppliers, industrial disputes or staff shortages due to illness.

17.2 We will not be liable for any loss of profits, business opportunities, goodwill, savings or benefits, nor for any indirect, special or consequential damages, even if such loss was reasonably foreseeable.

17.3 Our liability for losses arising directly or indirectly from these Terms will be limited to a maximum of USD 1,000 or five times the product price.

18. Indemnification

18.1 You agree to fully indemnify us for all claims, costs and losses resulting from:

(a) a material breach of these Terms by you;

(b) fraud, negligence or breach of your duty of care;

(c) your use of our website.

18.2 We are entitled to claim compensation for all reasonable costs incurred by us in connection with an indemnification claim.

19. Force majeure

19.1 If a force majeure event lasts for more than one week, we may terminate the Terms immediately by written notice without incurring any further obligations other than refunding the product you have already paid for but not received.

19.2 We reserve the right to decide, in our sole discretion, how to deal with a force majeure event in order to fully fulfill our obligations under these Terms and Conditions.

20.

20.1 We may amend these Terms and Conditions at any time. We will notify you of any changes that may be detrimental to you.

20.2 If you do not agree to the amended terms, you must cease using our website or purchasing products.

20.3 If you have expressly agreed to these terms, we will ask for your explicit consent to any changes before you make any further purchases after the change.

21. Breach of terms

21.1 If you breach these terms, we may:

(a) issue a formal warning;

(b) temporarily suspend your access to our website;

(c) cancel the processing of an order;

(d) refuse to accept your payments;

(e) permanently suspend your access to our website.

21.2 If we restrict your access to the website, you must not attempt to circumvent these restrictions.

22. Termination and suspension

22.1 You may stop using the website at any time.

22.2 We may stop providing the website at any time without giving any reason.

22.3 We may terminate your access to the website if your use is likely to have legal consequences.

22.4 We do not guarantee that our website will be available at all times without interruption.

23. Consequences of termination

23.1 Termination of these Terms immediately terminates all customer service obligations.

23.2 You are not entitled to any compensation due to the termination of these Terms.

23.3 The provisions relating to liability and indemnification remain in force even after termination.

24. General

24.1 You may not assign any of your rights under these Terms.

24.2 The rights and remedies set out in these Terms are cumulative and not exclusive.

24.3 If any provision of these Terms is held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected.

24.4 If we do not exercise a right under these Terms, this does not mean that we waive that right.

25. Governing Law

These Terms are governed by and construed in accordance with the laws of the country in which our website is operated.

26. Definitions and Interpretations

• "Order" means the order you place on our website to purchase one or more Products from us;
• "Order Confirmation" means the email we send you to confirm your Order;
  
• "Payment Provider" means third parties used to process payments;
• "Product" means a product offered on our website;
• "Website" means the online platform on which the Products are offered;

If you have any questions or comments about these Terms, please contact us by email.

Company name: Ostrea Terre
Address : Willemsbos 208, 2134EJ Hoofddorp, Netherlands
Chamber of Commerce registration number: 96558164
Email: info@ostreaterre.com
Phone number: +31645783343