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TERMS & CONDITIONS

AGREEMENT

These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior

In the context of this website, “we”, “our” and “us” means www.omorfie.com and “you” and “your” means you, the Customer/User/Guest of this website. If you do not agree with these terms of use, please do not use this site.

By using www.omorfie.com, the Customer/User/Guest agrees to be bound by these Terms, and may be amended by OMORFIE at any time.

GENERAL

All contracts and dealings between OMORFIE and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘OMORFIE’) and any person (‘Customer/User/Guest’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by  OMORFIE  to the Customer/User/Guest through the website www.omorfie.com are subject to the terms and conditions of trade set out below.

ACCESS

Access to the Website is permitted on a temporary basis, and OMORFIE reserves the right to withdraw and or amend the services without notice.OMORFIE will not be liable if for any reason the Website is unavailable at any time or for any period.

INTELLECTUAL PROPERTY & COPYRIGHT

  1. All intellectual property rights and all software, content, graphic and imagery  made available to the Customer/User/Guest through www.omorfie.com remains the property of OMORFIE
  2. The Customer/User/Guest is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of OMORFIE. consent may be withheld by OMORFIE at its absolute discretion.
  3. The Customer/User/Guest must not remove any copyright, service mark and or trade mark notices from the content found on www.omorfie.com

TERMS OF SALE

  1. By placing an order for any Goods and or Services on the Website the Customer/User/Guest is subject to these terms. Each Order the Customer places will be a separate and binding agreement between the Customer and OMORFIE with respect to the supply of the Goods in accordance with these terms.
  2. All Orders are subject to availability of the goods and confirmation of the order price.
  3. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which OMORFIE will not be responsible.
  4. The Customer/User/Guest acknowledges that all Orders through the www.omorfie.com are with respect to goods intended for personal use.
  5. In order to contract with OMORFIE the Customer/User/Guest must be over 16 years of age and possess a valid credit/debit card and or paypal account issued by a bank acceptable to
  6. OMORFIE reserves the right to accept and or reject an order for any reason at any time.
  7. When placing an order the Customer/User/Guest confirms all details that are provided to OMORFIE are true and accurate. The Customer/User/Guest is an authorised user of the credit/debit card and or paypal account used to place the order.
  8. OMORFIE will reserve the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of valid ID and the credit/debit card used to make a purchase. If no response is received within 24 hours, your order will be cancelled and your card refunded.

 PRICE & PRODUCTS

  1. The price with respect to any Goods and or Services is specified on omorfie.com
  2. All prices quoted are in USD and AUD and where applicable are exclusive of goods and services tax (‘GST’).
  3. OMORFIE reserves the right to change and or alter the prices of goods/services on the Website without notice to the Customer/User/Guest, unless the Customer/User/Guest has placed an order at a stipulated price, in which case there will be no change and or alteration.
  4. In paying or attempting to pay for the Goods and or Services, the Customer/User/Guest agrees that the Customer/User/Guest has not engaged in any fraudulent conduct or contravened any law.
  5. OMORFIE will issue the CustomerUser/Guest with a tax invoice once payment of the order has been processed.
  6. While we do our best to ensure that product descriptions on our website are accurate, some inaccuracies, typographical errors or misinterpretations may occur. OMORFIE reserve the right to correct such inaccuracies or typographical errors as they are identified.

CANCELLATION

Unless provided for under these Terms, No “cancellations or changes” to Orders will be accepted. The Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check and double check that the Order is accurate before the Customer submits it to OMORFIE.

DAMAGED & FAULTY GOODS

  1. All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer.
  2. If the Customer discovers that a Good is faulty or damaged, in accordance with the Manufacturer Warranty. The Customer must notify OMORFIE within 14 days of purchase via email at returns@omorfie.com along with product description and fault.
  3. Replacement, Exchange or Repair. If OMORFIE inspects the Good and confirms that there is a fault, the Customer will be entitled to a full refund, replacement (if available), exchange or repair (where possible).
  4. OMORFIE will meet the packaging and postage costs associated with the Customer returning a faulty item.
  5. Customers are liable for any delivery costs if the item is found not to be faulty.

DELIVERY

  1. Any period or date for delivery of Goods stated by OMORFIE is intended as an estimate only and is not a contractual commitment. OMORFIE will use its best endeavours to meet any estimated delivery dates but OMORFIE will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
  2. OMORFIE reserves the right to amend delivery methods without notice.

AUSTRALIA

  1. All deliveries of Goods purchased by the Customer will be made by registered courier (and are delivered with authority to leave without signing where no one is in attendance at the delivery address.
  2. If the Customer believes their nominated delivery address will be unattended at the time of delivery, OMORFIE suggests having the Order delivered to an alternate address that the Customer knows will be attended during normal business hours. If the nominated delivery address is unattended at the time of delivery, the courier will either leave the Goods in a secure location under their ATL (in which case the delivery will be deemed successful) or a card will be left with details as to where the Customer can collect the their Goods, at this time the Goods will be deemed delivered (‘Successful Delivery’).
  3. OMORFIE will not be held responsible for any occurrence that may happen following the Delivery of a Good, including theft or damage if a Good is delivered to an unattended address. All risk in the Goods will remain with the Customer upon Delivery and OMORFIE will not offer a replacement Good or refund a Customer for any lost or damaged Goods.
  4. OMORFIE will use reasonable endeavours to dispatch all Orders received after 8.00am on the next business day. Estimated delivery time is 2-5 business days following placement of an Order, depending on the Customer’s location. In the event the Customer does not receive their Order within 5 business days
  5. Delivery of Orders placed on the weekend will not be processed until the following Monday.
  6. OMORFIE offers free express delivery Australia-wide on all Orders.
  7. OMORFIE does not deliver Orders to Post Office boxes.
  8. Once the Customer’s online purchase is complete the Customer will receive an Order confirmation.

INTERNATIONAL DELIVERY

  1. International deliveries will be made by Registered Post or Pack & Track (via Australia Post).
  2. Orders will be dispatched within 2 days from the date of the Order. Estimated delivery time for international orders is between 3-5 business days.
  3. In the event the Customer does not receive their Order within 7 business days of placement, the Customer should contact hello@omorfie.com.
  4. For all New Zealand and USA customers, we offer free express shipping.
  5. International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. OMORFIE has no control and will not be responsible for any duties or taxes.
  6. In accordance with Australian export regulations, customs require OMORFIEto declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.

PRE-ORDER

A Pre-Order is the term used when a Good is currently out of stock but will be ordered from suppliers once the Customer places the Order. The Order will then arrive to the Customer within a certain time frame after the Order is placed. The date of delivery will be displayed under the description in each Good.

LIMITATION OF LIABILITY AND INDEMNITY

  1. The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law,OMORFIE makes no warranties or other representations in relation to the supply of Goods. OMORFIE liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
  2. The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify OMORFIE, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
  3. OMORFIE does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
  4. Further to clause 3, the Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies OMORFIE against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless OMORFIE retakes possession of the Goods in accordance with clause 9.

LINKING ON THIS WEBSITE

  1. The Website may provide links to websites and access to content from third parties, including users and affiliates of OMORFIE
  2. The Customer/User/Guest agrees that OMORFIE is not responsible for the availability of, and or content provided on third party websites. The Customer/User/Guest should refer to the policies posted by other websites regarding privacy and other topics before they use them.
  3. To the fullest extent permitted by law in no way will OMORFIE, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.

WAIVER

  1. The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
  2. The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
  3. Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.

FORCE MAJURE

If the performance of OMORFIE obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of OMORFIE. OMORFIE will not be liable for any loss or damage suffered by the Customer or any other person and OMORFIE will give the Customer written notice if the force majeure event has continued unabated for 30 days.

SERVABILITY

  1. The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
  2. The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

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