Terms and Conditions of Sale

This website is operated by KO·CEANE. Throughout the site, the terms “we”, “us” and “our” refer to KO·CEANE. This website, including all information, tools and services available from it, is offered by KO·CEANE 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 and Conditions”, “Terms of Use”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including visitors, suppliers, customers, merchants and/or content providers.

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

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

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that enables us to sell our products and services.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your region, province or state and that you have given us permission to allow any minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction when using the Service, including copyright laws. You must not transmit worms, viruses or destructive code. A breach or violation of any Terms will result in 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, excluding credit card information, may be transferred unencrypted and may 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 or use of the Service, access to the Service, or contact on the website through which the Service is provided, without our express written permission. Headings in this agreement are for convenience only and do 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 inaccurate, incomplete or outdated. The material is provided for general information only and should not be relied upon as the sole basis for decisions without consulting more important, accurate, complete or current sources. Any reliance on the material on this site is at your own risk.

This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify site contents at any time but have no obligation to update any information. 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 of it, without notice. We shall not be liable to you or any third party for any price change, modification, 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. Quantities may be limited and returns or exchanges are subject to our Return Policy.

We have made every effort to display the colours and images of our products as accurately as possible, but cannot guarantee that your computer display will reproduce colours accurately.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction and may exercise this right case by case. We may limit quantities offered. Product descriptions and pricing may change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer for a product or service is void where prohibited.

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

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. At our sole discretion, we may limit or cancel quantities purchased per person, household or order, including orders under the same customer account or credit card and/or using the same billing or shipping address. If we change or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed. We may limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information and to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete transactions and contact you as needed. For more information, please review our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have control or input. Such tools are provided “as is” and “as available”, without warranties, representations, conditions or endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools is entirely at your own risk and discretion. You should ensure that you understand and approve the terms under which they are provided by the relevant third party. Future services, features, tools and resources offered through the website will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and do not warrant or assume liability for third-party materials, websites, products or services.

We are not liable for harm or damages related to the purchase or use of goods, services, resources, content or other transactions connected with third-party websites. Please review third-party policies and practices carefully before entering into any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.

SECTION 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send specific submissions, such as contest entries, or without a request send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, post or otherwise, collectively “comments”, you agree that we may at any time and without restriction edit, copy, publish, distribute, translate and otherwise use those comments in any medium. We are under no obligation (1) to keep comments confidential, (2) to compensate anyone for comments, or (3) to respond to comments.

We may, but have no obligation to, remove content and accounts containing content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.

Your comments must not violate third-party rights, including copyright, trademark, privacy, personality or other personal or intellectual property rights. They must not contain unlawful, abusive or obscene material, viruses or malware that could affect the Service or any related website. You may not use a false email address, pretend to be someone else or otherwise mislead us or third parties as to the origin of comments. You are responsible for your comments and their accuracy. We accept no responsibility or liability for 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. Please consult our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Our site or Service may occasionally contain typographical errors, inaccuracies or omissions concerning product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate, at any time without prior notice, including after an order has been submitted.

We undertake no obligation to update, amend or clarify information in the Service or on related websites, including pricing information, except as required by law. No specified update or refresh date should be interpreted as indicating that all information has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate international, federal, provincial, state or local regulations, rules or laws; (d) to infringe our intellectual property rights or those 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 malicious code that may affect the Service, related websites, other websites or the Internet; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security features of the Service, related websites, other websites or the Internet. We reserve the right to terminate your use of the Service or related websites for violating 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, nor that results obtained from the Service will be accurate or reliable. You agree that we may from time to time remove the Service for indefinite periods or cancel it at any time without notice.

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 through it are, except as expressly stated by us, provided “as is” and “as available”, without representations, warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall KO·CEANE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for injury, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages, including lost profits, revenue, savings or data, replacement costs or similar damages, whether based in contract, tort including negligence, strict liability or otherwise, arising from your use of the Service or products obtained through it, or from any other claim related to your use of the Service or any product, including errors or omissions in content or loss or damage resulting from use of the Service or content or products posted, transmitted or made available through it, even if advised of their possibility.

Because some states or jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, our liability in those states or jurisdictions will be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

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

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive termination of this agreement for all purposes.

These Terms remain effective unless and until terminated by either you or us. You may terminate them 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 judgement, we determine or suspect that you have failed to comply with any term or provision, we may terminate this agreement at any time without notice. You remain liable for all amounts due up to and including the termination date, and we may accordingly deny you access to our Services or any part of them.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding prior or contemporaneous agreements, communications and proposals, whether oral or written, including previous versions of the Terms.

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

SECTION 18 – GOVERNING LAW

These Terms of Use and any separate agreements through which we provide you Services are governed by and construed in accordance with the laws of Uttins 25, Peseux, Neuchâtel, 2034, Switzerland.

SECTION 19 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.