Terms & Conditions

This website [www.ombwholistics.com] is operated by OMBW Holistics. Throughout the site, the terms “we”, “us” and “our” refer to OMBW Holistics.

OMBW Holistics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall OMBW Holistics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless OMBW Holistics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at  omaebw97@gmail.com.

SECTION 21 - WEBSITE USAGE
1.1 It is not necessary to register with us in order to use most parts of this Website. [However, particular areas of this Website will be accessible only if you have registered.]
1.2 This Website may be used for your own private purposes and in accordance with these terms of use.
1.3 You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.
1.4 All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
1.6 Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
1.7 When using this website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
1.9 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this Website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and/or up-to-date.
1.13 All material contained on this Website is provided without any warranty of any kind. You use the material on this Website at your own discretion.
1.14 We do not accept liability for any loss or damage that you suffer as a result of using this Website.
1.15 Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded under the law of the United Kingdom.

 

 

SECTION 22 - INFORMATION ABOUT US
1.1 Our registered address is Ashton House, 196 Corporation Street, Manchester, M4 4DU, United Kingdom
1.2 If you have any questions, complaints or comments about the Web Sites then You may contact Us as follows:
Email Address: 
omaebw97@gmail.com
By post 
Ashton House, 196 Corporation Street, Manchester, M4 4DU, United Kingdom

SECTION 23 - OUR CONTRACT
1.1 Your order (“Order”) constitutes an offer to Us to buy the Goods you select via your Order on the Web Sites. All Orders are subject to availability and acceptance by Us. We will send You an email acknowledging receipt of Your Order. Please note that this does not constitute acceptance by Us. The contract for purchase of the Goods is agreed and accepted by Us only when We send You an email dispatch confirmation.

SECTION 24 - REGISTRATION, PASSWORDS AND SECURITY
1.1 You have the option to open an account via the Web Sites to place Orders. On registration of an on-line account, You will select a Password and User Name that You can use to access Your on-line account.
1.2 You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Web Site and will not be liable where Your Password or User Name is used by someone else (unless such use is due to our negligence).
1.3 You agree to notify Us immediately of any unauthorised use of Your Password or User Name of which You become aware.

SECTION 25 - YOUR STATUS
If you are under 18 years old you are not authorised to make a transaction or register an account with Us on the Web Sites. By placing an Order through the Web Sites, You confirm that You are legally capable of entering into binding contracts and You are at least 18 years old. If you are not legally capable of entering into contracts, We are legally entitled to cancel the order with You and will not be obliged to supply the Goods.

SECTION 26 - PRICES AND DELIVERY
1.1 The price of the Goods is as stated on the Web Sites from time to time and as confirmed to You as part of the Order process when We confirm Our acceptance of Your Order to You (except in the case of obvious error). Prices shown are inclusive of UK Value Added Tax.
1.2 Prices are checked regularly. However, if We find the price has changed or that there has been a pricing error when We receive Your Order We will contact You and ask if You wish to proceed at the correct price. If You confirm that You do wish to proceed, then your confirmation constitutes a new Order to us and please remember that We will not be under an obligation to supply the Goods until We have sent You an email dispatch confirmation.
1.3 Goods will be dispatched by UK Royal Mail.
1.4 Prices shown on the Web Sites do not include delivery. Our delivery charges are started here and will be confirmed to you during the Order process.
1.5 We shall endeavour to dispatch the Goods to You as soon as possible after You place Your Order, normally within 2 working days if the Goods are in stock, and in any event within 30 days beginning on the day after You place Your Order. If We are unable to dispatch the Goods within that time We will email as soon as possible to let You know and give You an estimated delivery date and You will have the right to cancel Your Order and receive a full refund as set out in that email.
1.6 As soon as the Goods are delivered to You, You are responsible for them. If a parcel is damaged, please notify us via email omaebw97@gmail.com.
1.7 Payment for all Goods must be through Shopify.
1.8 At the point when We send You an email order confirmation, We will process the payment details You have given to us to take payment for Your order. If You have placed an order using PayPal, You will be charged as soon as the order is Confirmed. We will process payment for all the Goods including any back ordered Goods. Any back ordered Goods will be shipped when they are in stock. You may cancel Your order of back ordered Goods before the point of shipment by contacting Customer Services by email or telephone.
1.9 Orders:
For Your security, when using a credit/debit card, the billing name, address and phone number must match that of the credit/debit card used for payment. We reserve the right to cancel any order that does not match these criteria.

SECTION 27 - RETURNS AND CANCELLATION
1.1 We want You to be happy with Your purchase from Us. If you are unhappy with the Goods in any way please contact Our Customer Service Team via email or letter as provided above.
1.2 Nothing in these Terms and Conditions of Trade is intended to affect Your statutory rights. These rights include:
1.2.1 That any Goods supplied by Us will be of satisfactory quality, fit for their intended purpose, and will conform to the description given;
1.2.2 certain remedies if Goods are defective; and
1.2.3 except for customised Goods, a right to cancel within a specified period and receive a full refund even if they are not defective as is set out in paragraph 6.3 below.
1.3 Returns
Please refer to our Returns & Exchanges Policy.

SECTION 28 - LIMITATIONS ON OUR LIABILITY TO YOU
1.1 Nothing in these Terms and Conditions of Trade shall:
1.1.1 exclude or limit Our liability:
(a) for fraud, fraudulent misrepresentation or our Gross negligence or the gross negligence of Our employees or agents;
(b) for death or personal injury resulting from Our negligence or the negligence of Our employees or agents;
(c) under:
(i) section 2(3) of the Consumer Protection Act 1987;
(ii) Articles 1641, 1386-1 and 2114-4 and seq. of the French Consumer Code; and
(iii) the German Product Liability Act.
(d) for any matter for which it would be illegal for us to exclude, or attempt, our liability.
1.1.2 restrict Your statutory rights (See 6.2 above).
1.2 Subject to paragraph 1.1 above, and unless prohibited by Your local statutory law, these Terms and Conditions of Trade shall not:
1.2.1 make Us responsible for any damage or loss caused to You where such damage or loss is not reasonably foreseeable to You and Us when You agree to these Terms and Conditions of Trade, including where the damage or loss results from Our breach of these Terms and Conditions of Trade; or
1.2.2 make Us responsible for any damage or loss caused to You where You are not entering into these Terms and Conditions of Trade as a consumer (as defined under Your local statutory law).
1.3 our aggregate liability to You for any loss or damage arising in connection with these Terms and Conditions of Trade shall be limited in respect of each claim to the purchase price of Your Order or Orders.
1.4 We are not responsible for any delay or failure to comply with Our obligations under these Terms and Conditions of Trade if the delay or failure arises out of any event which is beyond Our control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting Us or Our suppliers.

SECTION 29 - DATA PROCESSING AND PRIVACY
1.1 Please see Our Privacy Policy which contains important information about the use of your personal data and other information regarding Your privacy.

SECTION 30 - ELECTRONIC COMMUNICATIONS
By using these Web Sites, You accept that communication with Us will mainly be electronic. We will contact You by email or provide You with information by posting notices on these Web Sites. For contractual purposes, You consent to receive communications from Us electronically (to the most recent email address you have provided to us) and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

SECTION 31 - GENERAL
1.1 We reserve the right to change or update these Terms and Conditions of Trade from time to time. Revised Terms and Conditions of Trade will be published on these Web Sites and, where practical, We will endeavour to alert users to key changes via the homepage. In any case such changes and updates will not affect transactions in process resulting from an order placed before publishing such changes and updates.
1.2 If any of these Terms and Conditions of Trade are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining Terms and Conditions of Trade shall survive, remain in full force and effect and continue to be binding and enforceable.
1.3 If You breach these Terms and Conditions of Trade and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms and Conditions of Trade.
1.4 Please note that you are entering into an agreement with a UK company. These Terms and Conditions of Trade and any contracts based on them, are governed by and shall be construed in accordance with the laws of the UK and any disputes arising out of them shall be subject to the non-exclusive jurisdiction of the British courts. Notwithstanding the foregoing, nothing in these Terms and Conditions of Trade shall limit or exclude, or purports to limit or exclude, any statutory rights granted to you under local law (in particular consumer protection laws) which remain unaffected and in full force and effect.

Thank you,
OMBW Holistics