Terms & Conditions

We'll keep this simple and clear because, quite frankly, it's all too easy to get bogged down in legalese.

Setting up an Account:

You will need to provide your credit card information, billing address, and billing information to process your order. Creating an Omtique account is optional, but it does provided added convenience—when you return to shop with us, you won't need to enter your information again.

Information Submitted by You:

Communication posted to Omtique may be used by us for any purpose deemed necessary. If you have questions about this policy and how it may affect confidentiality, please refer to our privacy policy first. If you have specific questions or concerns not addressed in the privacy policy, please contact us for more information.

Ownership and Use of Omtique Content:

The Omtique website and all included content is the property of Omtique. Please do not reproduce any content from this website without express, written consent from Omtique.

Trademarks:

All trademarked materials on Omtique are the property of their respective owners. Please do not reproduce content related to these trademarks without express, written consent from the trademark owner.

Availability:

Products, features, and content are subject to change without notice.

Accuracy of Product Information:

Bear in mind that while we do our best to paint the most accurate picture of our products for you—both through use of photography and copy—sometimes a descriptive phrase may indicate something other than what you were expecting, or perhaps a difference in browser or display settings may result in an unexpected variation in color or fabric texture when your order arrives in the mail. Please contact us immediately if any issues occur so we can help.

Shipment:

Orders will be shipped to the address you provide to us specifically for shipping. Should any loss occur during the shipping process, please contact us so we may contact the carrier to resolve the issue. We will work alongside you to resolve any issues related to lost or damaged shipments.

Changes to Terms and Conditions: Omtique reserves the right to modify the Terms and Conditions as needed without prior notice. In order to remain informed, we encourage you to review the Terms and Conditions whenever you purchase from Omtique.

Termination:

Omtique reserves the right to terminate any account at any time for any reason.

Volusion's Own Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Omtique. The collective work includes works that are licensed to Omtique. Copyright 2003, Omtique ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Omtique or purchasing Omtique products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Omtique or to purchase Omtique products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Omtique. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Omtique used in the site are trademarks or registered trademarks of Omtique.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Omtique disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Omtique does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Omtique does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Omtique shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Omtique has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Omtique product is mistakenly listed at an incorrect price, Omtique reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Omtique reserves 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, Omtique shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Omtique without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Omtique may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Omtique.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Omtique products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Omtique products) must be commenced within one (1) year after the claim or cause of action arises. Omtique's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Omtique may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Omtique or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Omtique does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Omtique is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Omtique reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Omtique in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Omtique, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Omtique may link to sites operated by third parties. However, even if the third party is affiliated with Omtique, Omtique has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Omtique. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Omtique seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).