Terms of Sale
The purchase of products through the Ocean Refund website and/or mobile applications is governed by these terms and conditions of sale (“Terms of Sale”). Ordering any product implies acceptance of these Terms of Sale.
As a user of the Ocean Refund website and/or mobile applications you acknowledge that you have the legal capacity to bind yourself and contract our products and services.
Ocean Refund website and/or mobile applications are intended for consumers and end users only, being prohibited from any professional activity of resale or distribution of the products.
PLEASE READ AND ACCEPT THESE CONDITIONS OF SALE BEFORE ORDERING PRODUCTS.
Sale and Purchase of Goods
Ocean Refund (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions outlined in this Agreement.
Ordering and Delivery
In order to purchase Goods, the Buyer must proceed as follows:
- Read and accept the Terms of Sale.
- Provide a valid name and address, telephone number, delivery address, email address, payment details, and other legally required information to process the order.
- Have the legal capacity to enter into binding contracts.
- Be the owner or authorised holder of a valid debit/credit card or PayPal account.
On the checkout page, the Buyer will be able to review the shopping bag, read and accept these Terms of Sale, check the total price of the selected Good(s) and the information provided, and correct any errors before confirming the order.
The Buyer must ensure that the delivery address provided is correct before placing the order. The Seller will refrain from delivering to addresses that correspond to post office boxes.
Acceptance of Orders
Once the Buyer has placed its order(s) through the Seller’s website and/or mobile applications, the Buyer will receive an email confirming receipt of the order(s) and listing the details of the product(s) ordered.
The Seller may not always be able to accept an order. Examples include if there are pricing errors, stock shortages, unusual orders, or orders that the Seller suspects are not placed in good faith, among other reasons. There may also be unexpected events beyond the Seller’s control that prevent them from fulfilling an order.
If an order is not accepted, the Seller will inform the Buyer by email and, if a payment has already been made, the Buyer will be refunded in full any amounts paid to the Seller for that order.
Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website. All prices shall be paid in Euros (EUR).
Goods prices listed include VAT and/or other applicable taxes, but do not include shipping and handling charges. Shipping and handling charges (and any applicable VAT or other taxes) will be clearly displayed on the screen before completing the order.
Payment Terms
The total amount of the Purchase Price shall be payable in full by the Buyer according to the payment due date stated at Checkout.
Payment will be made by one of the methods selected during the payment process (Visa, Visa Electron, MasterCard, and PayPal).
PayPal
On the PayPal website, the Buyer will be able to complete payment of the price of the products and the shipping costs, using the Seller’s PayPal account in accordance with the PayPal terms of use.
Credit Card or Debit Card
The Seller can enter its payment details at the time of placing an order using a valid credit or debit card. Please note the Buyer is responsible for any applicable bank charges.
In the case of payment by credit or debit card, the card details submitted when placing the order are protected and sent directly to the financial institution handling the payments. The Seller cannot access the Buyer’s credit or debit card details and neither can third parties, either at the time of ordering or subsequently.
Ocean Refund is using PayPal as secure payment gateway, when paying with credit or debit cards.
The information the Buyer provides to the Seller under this section will be used exclusively to complete the sales process and refund procedures in the event of cancellation of an order in whole or in part, as required under these Terms of Sale.
Voucher/Promotional Discount
The Buyer can choose to pay with a voucher or a promotional code provided by the Seller by entering the code in the “promotional code” section during the checkout process. The Seller will automatically deduct the amount corresponding to the voucher or promotional code from the total amount of the purchase.
If the funds from the voucher or promotional code are not sufficient to pay for the full amount of the purchase, the Buyer may choose any of the above payment methods to complete the process.
Shipping
Unless otherwise agreed in writing, delivery shall be made in accordance with the Seller’s shipping policy in effect on the date of shipment.
All shipping of Seller products is done with a tracking number to ensure secure delivery. Once the order is processed, the Buyer will be provided with the tracking number, allowing them to track the status of their package and stay informed of its location and expected delivery time.
The preparation of Goods to be shipped is approximately one week after payment has been made and registered by the Seller. The total shipping time vary depending on destination. International shipping estimated delivery time is around 8-10 days.
Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver by the postal company as estimated.
Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.
Import Taxes
The Seller is not responsible for customs taxes or import taxes. This is a tax charged by Buyer´s country and is in no way associated with the Seller. The Buyer is responsible for all import taxes pertaining to the order.
Returns & Exchanges
Should the Buyer regret the purchase, he/she has the right, under EU rules, to cancel the purchase within 14 days of receipt. To refund any Goods, the Buyer must send an email to the Seller via hello@oceanrefund.com and inform of returning the Goods.
To be eligible for a return, the Buyer must send the goods back within 14 days of informing the Seller. The Goods must be unused and in the same condition as been received. It must also be in the original packaging with inner packing.
Any Goods not in their original condition or are damaged due to careless handling (not following the Jewerly care provided by the Seller), or missing parts for reasons not due to our error, are exempt from refund.
The Buyer is responsible for the return costs and that the item is sent in return safely.
Refunds (if applicable)
Once the Goods have been returned they are inspected. The Seller will send an email to the Buyer and notify of the received returned item and of the approval or rejection of the refund. If approved, then the refund will be processed within 14 days, and a credit will automatically be applied to the Buyer’s original method of payment.
The refund of Goods includes the whole price and any despatch costs paid at the time of purchase.
Defects
The Seller is only responsible for original defects, which means that the defect existed before the time when the Goods was purchased or delivered. The Buyer must inform about the defective Goods to the Seller in writing, and why he or she considers the Goods to be defective.
The Buyer must return the item to the Seller in its original packaging with inner packing. Any Goods not in their original condition or are damaged or missing parts for reasons not due to our error, are exempt from refund.
The purchase price will be refunded within 14 days after the Goods have been returned, and the defect has been confirmed.
Lost or Stolen Packages
It is fortunately rare that packages get lost or stolen, however, should this happen, the Buyer should contact the delivery company. The Seller is not liable for items that are lost in transit, nor if they have been stolen during the delivery process or are showing as “delivered” but have not arrived. It is the Buyers responsibility to contact the delivery company if a package goes missing or arrives damaged.
Limited Warranty
Seller supplies as its sole warranty the following:
Goods purchased from this website shall be free from defects for a period of two years as per EU regulations. If you vend multiple goods, you may wish to go back and review your Terms of Service to supply warranties for each individual good. The warranty shall last for two year. The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.
Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
Seller (including its subsidiaries, affiliates, officers, directors, employees, agents, or subcontractors, all of which are referred to herein collectively as the “Seller Affiliates”) shall not be liable under any circumstance to Buyer or any other party for any special, consequential, incidental or exemplary damages arising out of or in any way connected with the goods or otherwise, including but not limited to damages for lost profits, loss of the goods or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, downtime, buyer’s time, lost data, injury to property or any damages or sums paid by the buyer to third parties, even if the seller or any of the seller affiliates has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.
In no event shall Seller or any Seller Affiliate be liable to Buyer or any other party for loss, damage, or injury of any kind or nature arising out of or in connection with these terms and conditions in excess of the net purchase price of the goods actually delivered to and paid for by Buyer hereunder.
Seller disclaims any warranties of non-infringement with respect to the Goods and none of Seller or any Seller Affiliate shall have any duty to defend, indemnify, or hold harmless Buyer from and against any or all damages or costs incurred by Buyer arising from the infringement of patents or trademarks or violation of copyrights by any of the Goods.
Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial, or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Acceptance and Acknowledgement of Terms
Use of this website constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of Ours, including the Website Terms and Conditions that may govern your conduct.
Effective January 13, 2023
