TERMS AND CONDITIONS

TERMS & CONDITIONS

WELCOME TO THE ONLINE STORE OF OMNI (REFERRED TO IN THESE TERMS & CONDITIONS AS “THIS SITE”).  PLEASE NOTE THAT ALL REFERENCES TO “OMNI” OR TO “WE”, “US” OR “OUR” ON THIS SITE ARE TO BE CONSTRUED AS REFERENCES TO OMNI.

GENERAL APPLICABILITY

THESE TERMS & CONDITIONS APPLY TO ALL TRANSACTIONS ENTERED INTO THROUGH THIS SITE. WE MAY CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. ANY CHANGES WILL TAKE EFFECT ON THE DATE THEY ARE POSTED ON THIS SITE. YOUR TERMS AND CONDITIONS SHALL NOT BE APPLICABLE AND SHALL NOT BE OPPOSABLE TO US.

AGE

BY ORDERING YOU CONFIRM THAT YOU ARE OF LEGAL PURCHASING AGE AND YOU ARE AT LEAST 18 YEARS OR OLDER.

LANGUAGE

BY ORDERING YOU CONFIRM THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND YOU NOT ONLY UNDERSTAND AND COMPREHEND THESE TERMS AND CONDITIONS, BUT ALSO ACCEPT THESE TERMS & CONDITIONS.

ORDERS

ANY ORDER SUBMITTED BY YOU IS YOUR OFFER TO ENTER INTO A CONTRACT WITH US. SHORTLY AFTER RECEIVING YOUR ORDER WE WILL SEND YOU AN E-MAIL CONFIRMING THE PRODUCTS YOU HAVE ORDERED VIA INVOICE. THIS DOCUMENT WILL CONFIRM THAT WE HAVE ACCEPTED YOUR ORDER AND THAT THIS ORDER IS SUBJECT TO THESE TERMS & CONDITIONS. THIS DOCUMENT WILL ALSO CONFIRM PAYMENT AND AVAILABILITY OF THE ITEMS ORDERED. WE MUST RECEIVE PAYMENT FOR THE ENTIRE PRICE FOR THE GOODS THAT YOU ORDERED BEFORE YOUR ORDER CAN BE ACCEPTED AND PROCESSED. IF YOUR PAYMENT DETAILS CANNOT BE AUTHORIZED FOR ANY REASON, WE WILL CONTACT YOU AND EXPLAIN THE SITUATION TO YOU (THE CONSUMER), WHILE OFFERING A SIMPLE SOLUTION TO THIS ISSUE. A LEGALLY BINDING CONTRACT BETWEEN US WILL ONLY COME INTO EFFECT WHEN OUR ACCEPTANCE IS DISPATCHED. THE DETAILS (PRICE ETC) MENTIONED IN THE ACCEPTANCE PREVAIL OVER THE DETAILS MENTIONED IN ANY PUBLICITY.

AVAILABILITY

PRICES, OFFERS AND PRODUCTS ARE SUBJECT TO AVAILABILITY AND MAY CHANGE BEFORE (BUT NOT AFTER) WE ACCEPT YOUR ORDER.

CANCELING ORDERS

YOU SHALL NOT BE ENTITLED TO CANCEL ORDERS WITHOUT NOTIFYING US AND GAINING PERMISSION FROM US TO DO SO. THIS PERMISSION IS SUBJECT TO COMPENSATION FOR ALL DAMAGED CAUSED BY THIS CANCELLATION WITHOUT PREJUDICE TO OUR RIGHT TO DEMAND COMPENSATION FOR ANY DAMAGE SUFFERED IN EXCESS, YOU AGREE THAT THIS DAMAGE SHALL BE ESTIMATED AT A MINIMUM OF 30% OF THE AMOUNT OF THE INVOICE ISSUED BY US, AND MUST BE PAID TO US IN FULL BEFORE ORDER IS CANCELLED.

PRICES

ALL PRICES AND CHARGES ON THIS SITE ARE SHOWN IN US DOLLARS, AND EXCLUDE DELIVERY CHARGES. THE TOTAL COST OF YOUR ORDER WILL BE THE PRICE OF THE PRODUCTS THAT YOU ORDER, THE COST OF ANY ADDITIONAL SERVICES YOU CHOOSE, PLUS THE APPLICABLE DELIVERY CHARGE. ALL THESE WILL BE SET OUT CLEARLY IN YOUR SHOPPING CART BEFORE YOU SUBMIT YOUR ORDER AND LATER AGIAN IN EMAIL CONFIRMATION WITH INVOICE DOCUMENTATION FROM US. IF A PRODUCT OR SERVICE IS LISTED AT AN INCORRECT PRICE DUE TO A TYPOGRAPHICAL ERROR OR AN ERROR IN THE PRICING INFORMATION RECEIVED BY US FROM OUR SUPPLIERS THEN WE RESERVE THE RIGHT TO CANCEL THE CONTRACT. IF YOU DECIDE TO CANCEL YOUR ORDER AFTER WE HAVE INFORMED YOU OF A PRICING ERROR AND YOU HAVE ALREADY PAID FOR THE GOODS, WE WILL GIVE YOU A FULL REFUND AS SOON AS REASONABLY POSSIBLE (AND IN ANY EVENT WITHIN THIRTY 30 DAYS OF CANCELLATION). IN THESE CIRCUMSTANCES YOU WILL NOT BE ENTITLED TO SEEK COMPENSATION FOR DISAPPOINTMENT SUFFERED OR FOR ANY LOSSES, WHICH YOU MIGHT OTHERWISE HAVE INCURRED. ALL GOODS SHALL REMAIN OUR PROPERTY UNTIL PAYMENT HAS BEEN RECEIVED IN FULL FOR ALL AMOUNTS ON INVOICE, INCLUDING COSTS, INTERESTS, COMPENSATION CLAIMS AND TAXES, IF ANY.

DELIVERY

DELIVERY OF ORDER(S) SHALL ALWAYS TAKE PLACE AT OUR REGISTERED OFFICE, AND ALWAYS UNDER THE "EX WORKS" CONDITION, THEREFORE YOU BEAR ALL COSTS AND RISKS OF TRANSPORT. IN THE EVENT THAT YOU WERE UNABLE TO RECEIVE THE ITEM(S) IN QUESTION (THIS INCLUDES YOUR ABSENCE AT THE TIME OF DELIVERY) ITEMS WILL BE MADE AVAILABLE FOR PICK-UP OR REDELIVERY AND CONSUMER WILL BE NOTIFIED OF THIS VIA EMAIL. IN THIS SEQUENCE OF EVENTS YOUR ITEM(S) ARE STORED IN OUR FACILITY SEPARATE FROM AVAILBLE INVENTORY THESE GOODS ARE SUBJECT TO ADDITIONAL FEES AND MUST BE PAID IN FULL BEFORE ITEM(S) ARE HANDED OVER IN PERSON OR REDELIVERED BY US. BY CONFIRMING PICK-UP OR REDELIVERY VIA EMAIL THE BUYER AGREES TO PAY OUR REASONABLE ADDITIONAL FEES FOR STORAGE AND/OR REDELIVERY, AND AN ADMINISTRATION FEE FOR RE-ARRANGING DELIVERY. IF BUYER DECIDES TO PICK-UP ITEMS DUE TO MISSED DELIVERY ONE MUST PRESENT VALID IDENTIFICATION BEFORE ITEM(S) ARE HANDED OVER TO CONSUMER FROM US. IN SUCH CASES AS ABOVE, WE CANNOT ACCEPT ANY LIABILITY FOR LOSS OR DAMAGE TO PRODUCTS THAT REMAIN IN OUR CUSTODY AND CARE.  WE MAKE EVERY EFFORT TO DELIVER GOODS WITHIN A REASONABLE TIMESCALE AND PREFERABLY WITHIN THE ESTIMATED TIMESCALES; HOWEVER, DELAYS ARE OCCASIONALLY INEVITABLE DUE TO UNFORESEEN FACTORS BEYOND OUR CONTROL AND THEREFORE DELIVERY TIMES ARE NOT GUARANTEED. ESTIMATED DELIVERY DATES ARE NOT PART OF THE CONTRACT BETWEEN YOU AND US, AND WE SHALL BE UNDER NO LIABILITY FOR ANY DELAY OR FAILURE TO DELIVER THE PRODUCTS WITHIN ESTIMATED TIMESCALES.

SHIPPING AND ORDER PREFERENCES CAN BE LEFT IN ORDER COMMENT BOX BEFORE PURCHASING PROCESS IS COMPLETE BY CONSUMER. OTHERWISE, DEFAULT SHIPPING WITH USPS RETAIL GROUND (2-8 DAY DELIVERY) WILL BE USED TO COMPLETE DELIVERY.

FAULTY GOODS

IN THE UNLIKELY EVENT THAT A PRODUCT ARRIVES DAMAGED OR FAULTY, CLAIMS RELATING TO QUALITY DEFECTS OR TO NON-COMPLIANCE SHALL NOT BE FILED WITH US, THIS SHOULD BE TAKEN UP WITH DELIVERY SERVICE PROVIDER.

FAULTY GOODS ARE NOT OUR LIABILITY. ONCE ITEM(S) HAVE BEEN DELIVERED AND PAYMENT HAS BEEN PROCESSED GOODS ARE LEGALLY OWNED BY BUYER, THEREFORE THE GOODS IN QUESTION ARE NO LONGER UNDER OUR CUSTODY. WITH THAT BEING SAID, ITEMS ARE ALWAYS SHIPPED IN PERFECT CONDITION FROM OMNI. DAMAGES MAY OCCUR IN DELIVERY STAGES AND IS OUT OF OUR CONTROL AT THAT POINT, THEREFORE ANY DAMAGES OR DEFECTS ARE NOT OUR LIABILITY. CONSUMER(S) MUST READ AND COMPREHEND THIS SECTION BEFORE CONTACTING US.

RETURN POLICY OF NON-FAULTY GOODS

FOR “OFF-THE SHELF” GOODS AND IN CASE YOU ARE A CONSUMER YOU HAVE, IRRESPECTIVE OF THE REASON, THE RIGHT TO RETURN THE GOODS WITHIN SEVEN DAYS FROM THE DAY OF DELIVERY OF THE GOODS WITHOUT ANY COMPENSATION BEING CHARGED. IN SUCH CASE WE WILL REFUND THE SUM PAID, MINUS THE COSTS OF TRANSPORTATION TO THE CARD USED FOR PAYMENT.  THIS NON-QUIBBLE REFUND IS SUBJECT TO THE RETURN OF THE GOODS IN THE SAME CONDITION THAT THEY WERE DELIVERED (PROPERLY REPACKED IN THEIR ORIGINAL PACKAGING IF THEY WERE REMOVED FROM IT). IN CASE IT CONCERNS GOODS TO BE ASSEMBLED AND IF THE GOODS ARE RETURNED AFTER HAVING STARTED TO ASSEMBLE THEM, THEN THEY SHOULD BE DISASSEMBLED TO BE CONSIDERED AS PROPERLY RETURNED. YOU ARE RESPONSIBLE FOR ALL COSTS OF RETURNING THE GOODS.  IF THE GOODS ARE NOT PROPERLY REPACKED AND THEREFORE CANNOT BE RESOLD AS NEW, WE RESERVE THE RIGHT TO APPLY A CHARGE OF 70% OF THE PRICE YOU PAID FOR THE GOODS, WHICH YOU AGREE WE MAY DISCOUNT FROM YOUR REFUND FOR THE GOODS.  IF THE GOODS ARE DAMAGED WHILST IN YOUR CARE OR IF YOU FAIL TO RETURN ALL PARTS OF THE GOODS, WE HAVE THE RIGHT TO WITHHOLD PAYMENT OF ALL OR PART OF THE REFUND IN RESPECT OF THE GOODS AS COMPENSATION FOR OUR LOSS ON THESE GOODS.  HAND-MADE GOODS CANNOT BE CANCELLED OR RETURNED ONCE THE ORDER IS ACCEPTED.

FREE SHIPPING OVER "... $" - ITEMS THAT WILL BE RETURNED WHILE FREE SHIPPING WAS OPTIONAL AT THE CHECK OUT WILL HAVE TO COVER SHIPPING COSTS OF THE COVER IF IT REACHES BELOW THE TOTAL AMOUNT NEED TO HAVE ACCESS TO FREE SHIPPING COSTS.

BUYERS MUST READ AND COMPREHEND THIS SECTION. IF BUYER EXHIBITS LACK OF KNOWLEDGE OF THESE CONDITIONS, THEN WE RESERVE THE RIGHT TO APPLY ADDITIONAL FEES WITHIN THE REALM OF THIS DOCUMENT TO TAKE EFFECT ON ITEM(S) IN QUESTION IMMEDIATELY WITHOUT CONSENSUS FROM BUYER.  

TRADEMARKS

ALL SPECIFICATIONS AND PRODUCT CONCEPTS ARE OUR PRIVATE PROPERTY AND MAY ONLY BE USED BY YOU IN AS FAR AS NECESSARY FOR THE USE OF THESE PRODUCTS. REPRODUCTIONS OR USE OF THIS INFORMATION FOR OTHER PURPOSES IS FORBIDDEN. ALSO REPRODUCTION AND USE IS FORBIDDEN OF EVERY TRADEMARK(S) AND OTHER DISTINCTIVE SIGNS IN THIS SITE.

GENERAL LIABILITY

OUR ENTIRE LIABILITY TO YOU UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED THE PRICE PAID FOR THE GOODS YOU HAVE PURCHASED THROUGH THIS SITE, PROVIDED THAT WE HAVE TAKEN REASONABLE CARE WHEN WE DELIVER THE GOODS TO YOU. IN ANY CASE, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF REVENUE, PROFITS, ANTICIPATED SAVINGS, GOODWILL OR BUSINESS OPPORTUNITY, FOR ANY INJURY TO YOUR REPUTATION OR FOR ANY LOSSES THAT ARE NOT REASONABLY FORESEEABLE BY BOTH OF US AT THE TIME YOUR ORDER IS ACCEPTED. WE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH THESE TERMS & CONDITIONS IF THE DELAY OR FAILURE ARISES FROM ANY EVENT WHICH IS BEYOND OUR REASONABLE CONTROL. SUCH EVENTS WOULD INCLUDE BUT ARE NOT LIMITED TO STRIKES, LOCKOUT, STAGNATION IN TRANSPORTATION, FIRES, FLOODS, EARTHQUAKES, STORMS, NATURAL DISASTERS, WAR, CIVIL UNREST, ACTS OF TERRORISM OR MALICIOUS DAMAGE TO OR DESTRUCTION OF OUR PREMISES, EQUIPMENT OR GOODS, DIFFICULTIES IN OBTAINING SUPPLIES, SCARCITY OF MATERIALS OR SHORTAGE OF PRODUCTS WHICH ARE INDISPENSABLE FOR THE MANUFACTURE.

WAIVER

IF YOU BREACH THESE TERMS & CONDITIONS AND WE TAKE NO ACTION, WE WILL STILL BE ENTITLED TO USE OUR RIGHTS AND REMEDIES IN ANY OTHER SITUATION WHERE YOU BREACH THEM.

INVALIDITY

IN THE EVENT THAT ONE OR MORE OF THE TERMS SET OUT IN THESE TERMS & CONDITIONS IS HELD TO BE INVALID BY A COMPETENT AUTHORITY, THE REMAINING TERMS SHALL CONTINUE TO HAVE EFFECT AND YOU WILL STILL BE BOUND BY THEM.

COMPETENT COURTS

YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE UNITED STATES OF AMERICA FOR ALL DISPUTES OUT OR IN CONNECTION WITH ALL CONTRACTS OF SALE BETWEEN YOU AND US AND ARISING OUT OR IN CONNECTION WITH THESE TERMS & CONDITIONS. IN THE CASE YOU ARE A CONSUMER YOU MAY ONLY SUMMON US BEFORE THE COURTS OF THE UNITED STATES OF AMERICA

APPLICABLE LAW

ALL CONTRACTS OF SALE BETWEEN THE PARTIES, AS WELL AS THESE TERMS & CONDITIONS ARE GOVERNED EXCLUSIVELY BY UNITED STATES LAW.

PRIVACY STATEMENT

IN ORDER TO PROCESS YOUR ORDER AND PAYMENT AND MAKE DELIVERY OF YOUR GOODS WE COLLECT PERSONAL DATA (CREDIT OR DEBIT CARD NUMBER, YOUR NAME, ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS). BY PROVIDING US WITH THESE DATA, YOU CONSENT TO US PROCESSING THIS INFORMATION FOR YOUR ORDER OR FOR SENDING YOU MESSAGES THAT WE THINK WILL BE OF INTEREST TO YOU (SPECIAL OFFERS OR INFORMATION ABOUT NEW PRODUCTS AND SERVICES).  WE WILL TAKE ALL REASONABLE PRECAUTIONS TO KEEP THE DETAILS OF YOUR ORDER AND PAYMENT SECURE, BUT, UNLESS WE ARE NEGLIGENT, WE CANNOT BE HELD LIABLE FOR ANY LOSSES CAUSED AS A RESULT OF UNAUTHORIzED ACCESS TO INFORMATION PROVIDED BY YOU. IF YOU WOULD LIKE TO: UPDATE YOUR CONTACT INFORMATION, CONTACT US AT OMNISTARKVILLE@YAHOO.COM REMOVE YOUR NAME FROM OUR MAILING LIST, CONTACT US AT OMNISTARKVILLE@YAHOO.COM ASK US ANY QUESTIONS, CONTACT US AT OMNISTARKVILLE@YAHOO.COM

DISCLAIMER

BY USING THIS WEBSITE, THE USER UNDERSTANDS AND AGREES WITH THE FOLLOWING: ALL MATERIAL INCLUDED ON OUR WEBSITE (PICTURES, IMAGES, TEXTS, VIDEO-CLIPS, ETC.) IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT COMMIT US IN ANY WAY. YOU SHOULD BEAR IN MIND THAT THE COLOURS OF GOODS AS SHOWN ON THE WEBSITE WILL DEPEND ON MANY FACTORS, INCLUDING YOUR DISPLAY SETTINGS. WE DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY TIME OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR ANY ERROR OR FAULT IN THE PROGRAMMING THAT WILL CAUSE IT OR YOUR COMPUTER TO MALFUNCTION. WE DECLINE ANY RESPONSIBILITY AS TO THE FULL FUNCTIONALITY, ACCURACY, AND RELIABILITY OF THIS SITE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THIS SITE AND WE ACCEPT NO LIABILITY OF ANY KIND FOR ANY LOSS OR DAMAGE FROM ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THIS SITE. REPRODUCTION OF PART OR ALL MATERIAL INCLUDED ON OUR WEBSITE IN ANY FORM IS PROHIBITED OTHER THAN FOR INDIVIDUAL USE ONLY AND MAY NOT BE RECOPIED AND SHARED WITH A THIRD PARTY. THE PERMISSION TO RECOPY BY AN INDIVIDUAL DOES NOT ALLOW FOR INCORPORATION OF MATERIAL OR ANY PART OF IT IN ANY WORK OR PUBLICATION, WHETHER IN HARD COPY, ELECTRONIC, OR ANY OTHER FORM.

MORE INFO

CONTACT OMNISTARKVILLE@YAHOO.COM