General 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 at least 18 years;

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

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

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

2.3 You declare and warrant that:

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

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

2.4 We reserve the right to refuse you access to our website if we consider such refusal necessary or appropriate.

2.5 By placing an order, you declare that:

(a) you have carefully read these terms 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 accept these terms, you cannot use the website or purchase products.

2.7 You must expressly accept these terms in order to:

(a) send information to or via our website; or

(b) purchase a product.

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

(a) you also accept our privacy policy; and

(b) you accept and agree to comply with 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 accept these terms, you must not place an order or contact us.

3. Personal use

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

4. Prices

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

4.2 All customs duties, taxes, levies, or other government charges and declarations related to the import of products to the delivery address are your responsibility and are not included in the product price. In some cases, deliveries may incur additional fees for which the seller is not responsible and which must be borne by the customer. In addition to shipping fees, these charges include customs duties or import sales tax, as 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 find 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 obliged to honor an order if the price shown on the website is incorrect (even after you have received an order confirmation).

4.5 Prices are subject to change at any time. However, these 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 only concluded 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, they may be delivered to you in multiple shipments on different dates.

5.4 We reserve the right to remove 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 sending an order confirmation).

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

6. Payment

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

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

6.3 You may not initiate a chargeback 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 provided at the time of order.

7.2 We will provide you with an estimated delivery date at the time of payment.

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

7.4 The risk related to the products is transferred to you upon delivery to the delivery address.

Contact

If you have any questions or concerns regarding these terms, the website, or the products, please contact us by email.

8. Cancellation or Modification of Orders

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 en route, cancellation is not possible. In this case, please wait to receive the goods and return them to us. However, you may 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 no earlier than 16 weeks after receipt of the order if the goods have not arrived.

8.3 As we operate with a fully automated system, orders are processed immediately after shipment. Therefore, we are unfortunately unable to stop the delivery process before it is completed, which means 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 related to products on the website are provided "as is", without any express or implied warranty or other representation.

9.3 Product images may slightly differ 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 may 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 inform you by email if we consider the product to be defective.

9.8 Our sole obligation to you regarding 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) to refund you an amount equal to the price of the product and the return shipping costs of the defective product. We will pay this amount to the account from which we received the 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 ask you to pay reasonable service fees.

10. Returns and refunds

10.1 Our return policy is an integral part of these terms and conditions of sale 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 information about the product you wish to return and send it back to us. The withdrawal period is 30 days from the date you or a third party other than the carrier received the last product.

10.3 Return shipping costs are the responsibility of 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 as you received it and is properly packaged. The product must not have been used, the tags 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 made within 7 days via the payment method used at the time of order.

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

10.9 As 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 payment page.

11.3 Once the code is 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 voucher value is insufficient to cover the order, you may pay the difference using another payment method.

12. Authorized Use

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

(a) Use our website in a way that could damage the website or impair its performance, availability, or accessibility;

(b) Use our website illegally, inappropriately, fraudulently, or harmfully, or in connection with illegal, inappropriate, fraudulent, or harmful activities;

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

(d) Engage in systematic or automated data collection activities (including scraping, data mining, data gathering, or extraction) on or in relation to our website without our express written consent;

(e) Use our website with robots, spider programs, or other automated means;

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

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

(h) Use data collected via the website to contact individuals, businesses, or other entities;

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

(j) Hack or attack the website or attempt to hack or attack the website, or use the website in any way that could damage or interfere with the website's infrastructure;

(k) Copy, publish, modify, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the website;

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

(m) Sell, transfer, license, distribute, or rent access to the website to third parties;

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

(o) Modify or alter any content downloaded from our website without express authorization.

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 a person 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 create a link to our homepage, provided it is done fairly and legally and does not harm our reputation.

13.4 It is prohibited to create a link suggesting any form of cooperation, authorization, or approval on our part if such does not exist.

13.5 You may not create a link to our website on a website that you do not own.

13.6 We reserve the right to withdraw your permission to create a link to our website without prior 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 hold all intellectual property rights to our website and the content and material published on it. These works are protected worldwide by laws and treaties. All rights are reserved.

14.3 You may use the website and all its content only for personal and non-commercial purposes, in accordance with these general terms. The website content also includes product-related content.

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 the material you use in accordance with section 13 (and you reproduce them exactly).

15. Data Protection

15.1 Our privacy policy is an integral part of these general terms 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 to improve your user experience.

15.3 If you provide us with your personal data, we will process it according to 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 upon in writing, the information and documents created in the context of product sales may be exchanged between us and made available to our employees, executives, consultants, or agents in electronic form.

16. Virus

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

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

16.3 You must not misuse our website by intentionally introducing viruses, trojans, worms, logic bombs, or any 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 through a denial-of-service attack or a distributed denial-of-service attack.

16.6 If we believe you have violated the provisions of this section 16, your right to use our website will be immediately terminated. We may report any violation to the competent authorities and are required to do so if the law mandates it.

17. Liability

17.1 To the extent permitted by law, we are not responsible for 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 products, their images, descriptions, or compliance with specifications;

(d) reliance on information contained on our website or in these terms and conditions;

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

(f) delays or failures in performing our obligations due to circumstances beyond our control, such as telecommunications disruptions, power outages, terrorist attacks, fuel shortages, bad weather, computer failures, delivery issues with suppliers, social conflicts, or staff shortages due to illness.

17.2 We shall 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 1,000 USD 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) of a material breach of these Terms on your part;

(b) of fraud, negligence, or a 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 a compensation claim.

19. Force majeure

19.1 If a force majeure event lasts 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, at our sole discretion, how to handle a force majeure event in order to fully fulfill our obligations under these general terms.

20.

20.1 We may modify these general terms at any time. We will inform you of any changes likely to be detrimental to you.

20.2 If you do not accept the modified terms, you must stop using our website or purchasing products.

20.3 If you have expressly accepted these terms, we will ask for your explicit consent for any changes before you make 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 a 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 ends 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 effect 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 forth in these Terms are cumulative and non-exclusive.

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

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

25. Applicable Law

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

26. Definitions and Interpretations

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

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

Company name : Ostrea Terre
Address : Willemsbos 208, 2134EJ Hoofddorp, Netherlands
Registration number at the Chamber of Commerce : 96558164
E-mail : info@ostreaterre.com
Phone number : +31645783343