Thank you for visiting the website and webstore of octimber, http://www.octimber.com. This website is operated by octimber. Throughout the website the terms “we”, “us” and “our” refer to octimber. By using and shopping at our website, you agree to the following terms and conditions. The conditions of sales mentioned hereafter concern only http://www.octimber.com. Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, which include our Privacy Policy. 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.
General
We reserve the right to refuse service to anyone for any reason at any time. By using this website, you acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of these conditions, 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.
Age of Consent
By using this website, 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.
Applicable Law
This website is created, controlled and maintained by the Company, in the State of California. Accordingly, the laws of the State of California shall in all events govern any disputes relating to this website, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. The Company makes no representations as to the compliance of this website or its terms and conditions with any applicable law. If you choose to access this website from outside of the United States, you do so at your own risk and are responsible for compliance with all applicable laws. You may not use this website in violation of United States export laws.
By using this website, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of California and agree that it shall serve as the sole and exclusive venue for any disputes relating to this website. Any claim or cause of action brought by you with respect to matters related to this website, including these terms and conditions, must be brought in a state or federal court located in the State of California and must be commenced no later than one (1) year after the claim arises. If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement as to matters relating to this website.
Colors and Accuracy of Product Listings
We attempt to be as accurate as possible when describing our products on our website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, or other content available on the website are accurate, complete, reliable, current, or error free.
Fraud Protection
The octimber online store reserves the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order, or we may contact you via the email you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
We reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs, you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Indemnification
You agree to indemnify, defend, and hold hhttp://www.octimber.com the Company, subsidiaries, affiliates, partners, officers, directors, employees, interns, subcontractors, agents, licensors and suppliers harmless from any claim or demand, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to you or any other person accessing this website.
Limitation of Liability
The Company, its officers, directors, employees, agents, licensors and suppliers, shall not be liable for any damages or injuries that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if the Company has been advised of the possibility of such damages. Certain state laws may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may have additional rights.
Notice
The Company may deliver notice to you by e-mail, a general notice on the website, or by other reliable method to the address you have provided to us.
Personal Information
Your submission of personal information through the website is governed by our Privacy Policy, which can be accessed on the website, or by clicking on the following link: http://www.octimber.com/privacy-policy.
Privacy
We respect and are committed to protecting your privacy. In order to serve you better, we may collect personally identifiable information when you visit our website. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. This information will never be sold by octimber to anyone. To read our full Privacy Policy which can be accessed on our website, click the following link: http://www.octimber.com/privacy-policy.
Restrictions
octimber owns all the intellectual property rights and materials contained in this website and webstore. You may not resell or offer to sell any of our services and products under any circumstances. All content in display on this website and webstore are under complete ownership of octimber solely and may not be used for personal or business use by other individuals, businesses, companies, corporations or organizations. Exceptions may be considered and negotiated when and only if communicated with octimber.
Revisions to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 and Conditions constitutes acceptance of those changes.
Security
Your payment and personal information is always safe with octimber. Our SSL software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
Termination of Terms and Conditions
These terms and conditions, or any part of them, may be terminated by the Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Applicable Law and Indemnification, shall survive any termination.
Typographical Errors
In the event that an octimber product is mistakenly listed at an incorrect price on the website, we reserve the right to refuse or cancel any orders placed for a product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount charged to your credit card.
Warranty Disclaimer
This website and the materials, services, and products on this website are provided “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, octimber disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Contact
Questions about our Terms and Conditions should be sent to us at: hello@octimber.com.