Ovials online sales disclaimer, shipping and refund policy

online contract

The following are the terms of the sales agreement between Ovials (Pty) Ltd, the operator of  https://marketplace.ovials.com/ a subdomain owned by Ovials Inc and through other valid subdomains according to its web site security certificate being (“Company, the Company or the company”), or through official and legitimate sales channels online and/ or offline acknowledged as such by the Company, and the buyer (“Buyer or the Buyer”) of goods or services through the Company’s Web site (the “Site”). Proceeding to conclude a sale at checkout with the Company implies that the customer has read and accepts these terms of service (click the text to follow linked content) and the agreement, including all other terms and conditions contained here on this website, but not limited to those in relation to Privacy, Legal Notice, Shipping, Returns, Duties and Taxes (click the name to follow the related linked content) while the Company ensures that these terms are available on the home page or one of the pages the customer has to navigate to conclude a sale on the web site mentioned above, so please review these terms carefully:

1. Introduction

Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

• Setup and Payment

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.

• Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

• Editing, Deleting, and Modification

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

• Right to Refuse

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

• Indemnification

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.

• Non-Transferable

Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.

• Disclaimer

The service, content, goods and services from or through the service are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of company, for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the particular items purchased. company and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and buyer. This site and goods and services would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.

• Refund Policy

This Section 9 sets forth Buyer’s sole and exclusive right to refund.

While Ovials prides itself with the quality of its listed products, that said, the Company does utilize third parties for customers’ order fulfilment. Therefore, if by our doing or one of our authorized order fulfillers’ actions, a product purchased is defective, not delivered, has quality issues as described under ‘Returns Policy Conditions’ below, or it was delayed beyond advised delivery time at checkout, we will issue a full refund to the Buyer. Therefore, Buyer will be fully refunded once the product has been received and inspected and found to be in its original received condition to the Buyer, and sent within 7 days of receipt to our Sourcing Service Center at an address provided at the time of application. Currently, all returns must be mailed to the following addresses:

1. Ovials Store 2324 Club palace, Duluth, GA United States US, CA and North America originating Orders.
2. Jinhua Reshly Trading Co. Ltd 172 Tongxin Road, Wucheng District, Jinhua 321000, Zhejiang, China, for Asia Pacific originating Orders.
3. Ovials Warehouse Mthembu Street, Khubetsoana Bochabela III, Near Unity Primary School, Maseru, for Southern African originating Orders.
4. Orders with shipping originating from outside of the buyer/ customers country of shipping address are returned when received at original shipping country/ address for purposes of refunds.

Send the item within the process described herein and contact us before returning the product with the provided notification form from the website or a personal written statement of a claim that conforms to only one of the permissible returns outlined above and shipped at buyer’s cost to the address.

In cases where returning a product is not possible, a proof of defection/ non-deliverance (whichever is applicable) will be requested by the company before refunds are initiated. In such event, Ovials store shall provide the Buyer a credit for other purchases from the Site (less shipping and handling charges incurred) or refund the full product cost. Exceptions for buyer shipping costs in returning the item shall apply to the conditions of quality as outlined below.  While we refund all products, undergarments, swimming suits, earrings and other hygiene prone products will not be accepted as returns though may still be refunded with customer negotiation.

1. RETURNS POLICY CONDITIONS
2. Product quality issues

Steps: Email our Customer Service at: [email protected] .com → attach your product picture/video and describe the problem with provided the filled form → Customer Service confirms → Choose your solution

Claim period: Within 14 days from the date you received the item.

Customer Service response time: Within 24 hours

Solution: 72 hours after the issue is confirmed, Customer Service will send a replacement or issue a full refund.

2.  Unsatisfactory product received

Steps: Email our Customer Service at: [email protected] .com → Explain the reason → Customer Service confirms → Ship your product back → Customer Service confirms item returned → Refund

Claim period: Within 7 days from the date you received the item.

Customer Service response time: Within 2 to 3 weeks after receiving your products.

Solution: After we receive and inspect the item, Customer Service will issue you a refund.

In this case however, you shall bear all shipping costs, including the initial shipping cost incurred to send you the item.

3. Wrong product received

Steps: Email our Customer Service at: [email protected] .com → Upload your product picture/video and describe the problem → Customer Service confirms → Choose your solution

Claim period: Within 7 days from the date, you received the item.

Customer Service response time: Within 24 hours

Solution: 72 hours after the issue is confirmed, Customer Service will send you the correct item or issue a full refund.

4.  Size problem

Steps: Email our Customer Service at: [email protected] .com → Upload your product picture/video and describe the problem → Customer Service confirms → Choose your solution plan

Claim period: Within 7 days from the date, you received the item.

Customer Service response time: within 24 hours

Solution plan:

Plan A: The size does not match what you ordered. You will receive a full refund or can choose to receive the product with the right size for free.

Plan B: The size matches what you ordered, but it does not fit. The size of each item may have an inaccuracy of about 2cm/1 inch due to hand measurements.

– If the size difference is less than 2cm/1 inch, you can contact us and apply for a return. You are responsible for all shipping costs incurred.

– If the size is more than 2cm/1 inch different, we will cover all shipping costs.

5.  Color problem

The precise color of each item may vary depending on your computer screen settings, the background, and the lighting conditions. Slight mismatches between the color of your item, and the color shown on your computer screen may not mean that the item is the wrong color. Nonetheless, if you feel that you have received a wrong color item from the one described on your order, you can follow the same procedure described above in section 9.

We are always open to discuss any request for refund which falls beyond this scope. Remember to contact customer service before initiating a return or instituting a chargeback in case there may be a more amicable solution to your unique situation. Requests for refunds and chargebacks with improper initiation from the above to the company will however not be accepted. Please remove any empty spaces between letters and characters in the email addresses provided above to successfully send us an email.

1. SHIPPING POLICY

Ovials Store has a multilevel shipping option for the customer that vary depending on shipping address of the customer at checkout, size of the merchandise, the shipping couriers and the service levels available in the described route. The following constitutes the shipping policy of the Company:

1. Free Shipping: We offer free shipping service worldwide to a number of products on our website, however, if the delivery address is classed as a remote area, there will be an extra charge. If the Buyer’s order is shipping to a remote area, an additional charge will be shown during the checkout process or advised later if it could not be immediately determined.
2. Length of Shipment: Shipping times vary based on shipping method and delivery address. The Buyer is advised to view estimated delivery times with the courier delivering the product for full details.
3. Order Tracking Number: Orders shipped via Priority Direct Mail, Express Mail Service or Expedited Shipping Service, will receive a tracking number. Orders shipped via Flat Shipping do not have a tracking number by default. If the Buyer wants a tracking number in this instance, the Buyer can request a tracking number with the courier and it may attract a fee.
4. Shipping Fess on Returned Items: Whether Buyer is liable for shipping fees on returned items is dependent on the specific reasons for returning the item. The Company has a generous returns policy on most products and in most situations, however, some situations will attract a shipping cost to the Buyer. Generally, if the item has quality issues as outlined in ‘Returns Policy Conditions’ above or does not match what Buyer ordered, the Company will generally pay for all return shipping charges. However, if the Buyer receives the correct item and it has no quality issues, Buyer can still return the item, but the Buyer will need to pay for the return shipping.
5. Returns on Free Shipping Products: The Company has committed to the policy that all merchandise on the site be covered by our returns policy, subject to the conditions thereto. Therefore, Buyer can return or refund any item regardless of the shipping method used. For full details please refer to the Refund Policy on Section 9 above.
6. Choosing a Shipping Method: By default, Flat Shipping is used on the site. However, Buyer can upgrade to another shipping method, Priority Direct Mail, Express Mail Service, and Expedited Shipping Service. The cost to upgrade varies based on the shipping method and the items in your order and the courier shipping the merchandise.
7. Use of Information

Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

1. GOVERNING LAW

This Contract shall be treated as though it were executed and performed in Maseru, Lesotho as the legal registered State of the operating company for the subdomain, https://marketplace.ovials.com and shall be governed by and construed in accordance with the laws of Lesotho (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within 2 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

1. litigation

Notwithstanding the service center address of the company, all legal proceedings arising out of or in connection with this Contract shall be brought solely in Maseru, Lesotho and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

1. Acknowledgment

This Agreement represents the entire understanding between you and us regarding your relationship to online services and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, you may proceed to browse the site and conclude a purchase. If you do not agree to the above terms, you may proceed to log off the site and any user created accounts in the system.

Continuing browsing the site institutes a consent to the above terms of purchase of any goods or services on the site or on any other affiliate sites of the company as indicated by the site security certificate.

Updated: July 2023