Terms of service

Overview

Welcome to ØBSERV (“OBSERV”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, online store, and all related content, features, tools, products and services (collectively, the “Services”).

Our online store is hosted by Shopify, which provides the e-commerce platform that enables us to offer the Services to you.

By visiting, browsing, or using the Services, or by making a purchase from ØBSERV, you agree to be bound by these Terms and by our Privacy Policy (available on our website). If you do not agree, you should not access or use the Services.

Nothing in these Terms is intended to exclude or limit any rights you have under applicable consumer protection laws.

1. Access and Account

By using the Services, you confirm that:

You are at least the age of majority in your country of residence, or you have the consent of a parent or legal guardian; and
You have the legal capacity to enter into a binding agreement.

To use certain parts of the Services (such as placing an order), you may be required to provide information including your name, email address, billing details and shipping address. You agree that:

All information you provide is accurate, current and complete; and
You will promptly update this information if it changes.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

2. Our Products

We aim to describe and present our products as accurately as possible. However:

Colours, finishes and appearance may vary slightly depending on your device, screen settings and lighting;
Minor variations in production (e.g. small differences in finish or fit) may occur.

We do not warrant that any product will meet your individual expectations beyond what is stated in the product description and in your statutory rights.

All product descriptions, prices and availability are subject to change at any time without notice. We may limit quantities or discontinue products at our discretion.

3. Orders

When you place an order through the Services, you are making an offer to purchase the products in your cart.

We reserve the right to accept or decline any order, in whole or in part, at our reasonable discretion.
Your order is considered accepted once we send you an order confirmation email and have successfully processed your payment.

Please review your order carefully before submitting it. Once an order has been accepted and moved into processing, we may not be able to cancel or modify it.

If we cannot accept your order, need to change it, or must cancel it (for example, due to stock issues, payment problems, or suspected fraudulent activity), we will notify you using the contact details provided at checkout. Any amounts already paid for cancelled items will be refunded.

Your purchases are subject to our Refund Policy, which is available on our website.

You represent and warrant that your purchases are for personal or household use and not for resale or commercial distribution.

4. Prices, Taxes and Billing

All prices shown in our store are in the currency indicated and apply at the time of purchase.

Unless expressly stated otherwise:

Prices may exclude applicable taxes, customs duties, import fees or handling charges, which may be added at checkout or charged by customs authorities;
Shipping costs, if any, are displayed at checkout before you confirm your order.

We may run promotions, discounts or special offers from time to time. Each promotion is subject to its own terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern for that specific offer.

You agree to provide current, complete and accurate payment information for all purchases. By submitting payment details, you confirm that:

You are authorised to use the selected payment method;
You authorise us (and our payment processors) to charge the total amount of your order, including any applicable taxes and shipping; and
All charges incurred by you will be honoured by your payment provider.

5. Shipping and Delivery

Our Shipping Policy, available on our website, forms part of these Terms.

Key points:

Orders are processed and shipped from our logistics facility in Hong Kong.
Estimated delivery times and available shipping options are displayed on our website and at checkout. These timeframes are estimates and may be affected by factors outside our control (such as customs delays or carrier issues).
Risk of loss or damage passes to you when the products are delivered to you or to a third party designated by you, in accordance with applicable consumer law.

We are not responsible for delays caused by events outside our reasonable control (for example, customs processing, strikes, or adverse weather). Nothing in this section limits any rights you may have if products are not delivered within a reasonable time.

6. Intellectual Property

The Services and all content on the Services — including, but not limited to, text, images, graphics, designs, logos, product names, videos and any other materials — are owned by ØBSERV, our affiliates or our licensors, and are protected by applicable copyright, trademark and other intellectual property laws.

You may use the Services and their content for your personal, non-commercial use only.

You may not, without our prior written consent:

Reproduce, distribute, modify, create derivative works of, publicly display, publish or exploit any part of the Services or their content;
Use any ØBSERV trademarks, logos, product names or designs; or
Remove or alter any copyright, trademark or proprietary notices.

All rights not expressly granted to you are reserved by ØBSERV and its licensors.

7. Optional Tools and Third-Party Services

From time to time, we may provide you with access to tools, apps or features operated by third parties (for example, review widgets, tracking portals or social media plugins).

Such tools and services are provided “as is” and “as available” without warranties of any kind from ØBSERV. Your use of any third-party tools or services is entirely at your own risk and subject to the terms and privacy policies of those third parties.

We are not responsible for any issues arising from your use of third-party tools or services.

8. Third-Party Links

The Services may contain links to websites, apps or content owned or operated by third parties.

We do not control and are not responsible for:

The content, policies, or practices of any third-party sites; or
Any products, services or materials available on or through such sites.

If you choose to access third-party sites, you do so at your own discretion. We encourage you to review the terms and privacy policies of any third-party sites you visit.

9. Relationship with Shopify

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products to you.

While Shopify provides the platform, your purchase contract is between you and ØBSERV. Shopify is not a party to that contract and is not responsible for the products you purchase from us.

Nothing in these Terms is intended to limit any rights or claims you may have directly against Shopify that cannot be excluded under applicable law.

10. Privacy

We collect and process personal data in accordance with our Privacy Policy, which is available on our website. By using the Services, you acknowledge that you have read and understood our Privacy Policy.

Because our store is hosted by Shopify, your personal data may also be processed by Shopify and its service providers, including in countries outside your country of residence. More information is available in our Privacy Policy and in Shopify’s privacy documentation.

11. Feedback and Reviews

If you submit any ideas, suggestions, reviews, photos, comments or other content to us (“Feedback”):

You grant ØBSERV a worldwide, royalty-free, non-exclusive, transferable licence to use, reproduce, modify, publish and display such Feedback for purposes including improving and promoting our products and Services;
You confirm that you have all necessary rights to grant this licence and that your Feedback does not infringe any third-party rights.

We may, but are not obligated to, monitor, edit or remove Feedback that we consider to be unlawful, misleading, offensive or otherwise inappropriate.

You are solely responsible for the Feedback you provide. You agree not to submit Feedback that is false, deceptive, defamatory, obscene, or that contains malware or other harmful content.

Nothing in this clause affects your statutory rights regarding reviews in your country of residence.

12. Errors, Inaccuracies and Omissions

Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions (for example in product descriptions, pricing, promotions, offers, shipping charges or availability).

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, including after you have placed an order, provided this is done in accordance with applicable law. If a correction affects an order you have already placed, we will inform you and offer appropriate options (such as reconfirming or cancelling the order).

13. Acceptable Use

You may use the Services only for lawful purposes and in accordance with these Terms.

You agree not to:

Use the Services in any way that violates applicable laws or regulations;
Infringe any intellectual property or privacy rights;
Harass, abuse, or harm other users, our staff, or any third party;
Submit false, misleading or fraudulent information;
Upload or transmit viruses, malware, or other harmful code;
Attempt to gain unauthorised access to the Services, accounts or systems; or
Interfere with or disrupt the operation or security of the Services.

We may suspend or terminate your access to the Services if we reasonably believe you have violated these Terms or applicable law.

14. Termination

We may suspend or terminate your access to the Services, in whole or in part, if:

You materially breach these Terms; or
We are required to do so by law or by a competent authority.

If we terminate your access, you remain responsible for all amounts due up to the date of termination. Termination does not affect any rights or obligations which, by their nature, should continue (including intellectual property, limitations of liability and governing law).

15. Disclaimer of Warranties

Except as otherwise required by applicable law or expressly stated by ØBSERV:

The Services and all products offered through the Services are provided on an “as is” and “as available” basis;
We do not guarantee that the Services will be uninterrupted, secure or error-free.

To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.

Nothing in this section is intended to exclude or limit any warranties or rights that cannot be excluded under applicable consumer law.

16. Limitation of Liability

To the fullest extent permitted by law, ØBSERV, its owners, directors, employees, affiliates, agents and service providers shall not be liable for:

Any indirect, incidental, consequential or special damages; or
Any loss of profits, revenue, data or use,

arising out of or in connection with your use of the Services or purchase of products through the Services.

Our total aggregate liability for any claim arising out of or relating to the Services or these Terms shall not exceed the total amount you paid for the product(s) giving rise to the claim during the 12-month period preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for:

Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation; or
Any other liability that cannot be excluded or limited under applicable law.

Your statutory rights as a consumer are not affected.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless ØBSERV and its affiliates, directors, employees and agents from and against any third-party claims, damages and expenses (including reasonable legal fees) arising out of:

Your breach of these Terms; or
Your unlawful use of the Services.

This obligation does not apply where the claim results from our own negligence, misconduct or breach of law.

18. Severability

If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

19. Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, Shipping Policy, Refund Policy and any other policies referenced on the website, constitute the entire agreement between you and ØBSERV regarding your use of the Services.

20. Assignment

You may not assign, transfer or delegate your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms to another entity, for example in connection with a business reorganisation, provided this does not adversely affect your rights under these Terms.

21. Governing Law and Jurisdiction

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.

If you are a consumer residing in the European Union, you may also benefit from mandatory consumer protection provisions of your country of residence, and you may bring legal proceedings in the courts of your country of residence or in the Netherlands.

22. Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

23. Changes to These Terms

We may update or amend these Terms from time to time. The most current version will always be available on our website with the “last updated” date.

If we make material changes, we will notify you as required by law (for example, by email or by a notice on the website). Your continued use of the Services after the new Terms take effect constitutes your acceptance of the updated Terms.

24. Contact Information

If you have any questions about these Terms or the Services, you can contact us at:

ØBSERV
Email: info@observeyewear.com
KVK: 99866420
VAT: NL869166074B01