Terms and Conditions
Ocean Wave Limited
This website and any associated mobile application (collectively, this “Site”) is operated by Ocean Wave Limited (“we”, “us” or “our”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing products from this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). Please read these Terms carefully.
We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase from the Site. You confirm that you are at least 18 years old, or that you are visiting this Site under the supervision of a parent or guardian.
Privacy Policy
Our Privacy Policy, which also governs your visit to this Site, is available on the Site. Please review it for information on how we collect, use and share information about our users.
Use of This Site
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal, non-commercial use of this Site. This licence does not include: (a) any resale or commercial use of this Site or its content; (b) the collection and use of any product listings or descriptions; (c) creating derivative works from this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site.
You may not use framing techniques to enclose any of our trade marks, logos, content or other proprietary information without our express written consent. You may not use any meta tags or other hidden text utilising our name, trade mark or product name without our express written consent. Any breach of these Terms shall result in the immediate revocation of the licence granted in this section without notice to you.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of this Site, provided the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive manner. This right may be revoked at any time. You may not use any of our logos or other proprietary graphics or trade marks as part of the link without express written permission.
Account
In order to access some features of this Site, you may be required to register and select a password and username or account identification. If you register, you agree to provide accurate and complete registration information and to inform us promptly of any updates or changes to such information.
You are solely responsible for maintaining the security and confidentiality of your password and account identification. You shall immediately notify us of any unauthorised use of your password or identification, or any other breach or threatened breach of this Site’s security. Each time you use your password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with these Terms.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY OR ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS OR USE IS ACTUALLY AUTHORISED BY YOU, INCLUDING ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication
When you use this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
User Content
This Site may include features that allow users to create, post, transmit or store content such as text, photos, video, graphics or code (“User Content”). User Content is publicly viewable and may include your profile information and any content you post to your profile, but does not include your account information or purchase details. You agree that you are solely responsible for your User Content and use such features at your own risk.
By using any interactive areas of the Site, you agree not to post, upload, transmit, distribute, store or otherwise publish any of the following:
- Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or otherwise create liability or violate any applicable law;
- Content that displays, describes or encourages use of any product we sell in a manner that could be offensive, inappropriate or harmful to us or any user or consumer;
- Content that infringes the publicity, privacy or data protection rights of others, including images or information about another individual where you have not obtained their consent;
- Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual property right of any party;
- Content that impersonates any person or entity or misrepresents your affiliation with a person or entity; or
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, we claim no ownership over any User Content. However, by submitting or posting User Content on this Site, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and applications and in all other media or formats, for any purpose and without any compensation to you.
By posting User Content to this Site, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all rights, title and interest in and to the User Content, or you otherwise have all necessary rights to post and use such User Content and to grant us the rights set out in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content does not violate these Terms or any applicable law, rule or regulation.
Feedback
Separate from User Content, you may submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, whether commercial or otherwise, without acknowledgement or compensation to you.
Restrictions on Use
You agree that you shall not (and shall not allow any other individual or entity using your password and identification to):
- Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works from, publicly display, sell, rent, licence, or in any way commercially exploit any portion of this Site, except as expressly permitted under these Terms;
- Remove any copyright, trade mark or other proprietary rights notice contained in or on the Site;
- Use any robot, spider, site search or retrieval application, or other device to retrieve or index any portion of this Site;
- Collect any information about other users for any purpose other than to solicit or share reviews with other users;
- Reformat or frame any portion of any web pages that form part of this Site;
- Create user accounts by automated means or under false or fraudulent pretences;
- Create or transmit to other users unsolicited electronic communications such as spam, or otherwise interfere with other users’ enjoyment of the Site;
- Submit any content that falsely states or implies that such content is sponsored or endorsed by us;
- Transmit or upload any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other website, or any computer or other device or system;
- Use this Site to gain unauthorised access to any computer or computer network or other device or system;
- Submit any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity;
- Copy or store any User Content offered on this Site other than for your personal, non-commercial use;
- Take any action that imposes, or may impose, an unreasonable or disproportionately large data or traffic load on this Site or its underlying infrastructure; or
- Use this Site, intentionally or unintentionally, to violate any applicable local, national or international law.
We have no obligation to monitor user conduct on this Site, but reserve the right and absolute discretion to do so at any time and for any reason without notice.
Ownership
As between you and us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other content (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement and assembly of this Site (collectively, the “Site Content”), together with all copyrights, trade marks and other intellectual property rights in the foregoing, are owned by us or our licensors and protected by applicable copyright laws.
The use of any of our trade marks or service marks without our express written consent is strictly prohibited. Nothing in these Terms shall be deemed to grant you or any other user any licence or right in or to any of our patents, copyrights, trade marks, trade secrets or other proprietary rights.
Purchases on This Site
You agree that all of your transactions with or through this Site may, at our option, be conducted electronically from start to finish. You are responsible for retaining a copy of these Terms and any other contract or disclosure that we are required to provide to you.
The risk of loss and title for items purchased on this Site passes to you upon our delivery of the items to the carrier. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service.
Only valid payment methods acceptable to us may be used. By submitting your order, you represent and warrant that you are authorised to use the designated payment method and you authorise us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that method. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled.
We attempt to be as accurate as possible and eliminate errors on this Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order.
Returns
In the unlikely event that your item is faulty or damaged on arrival, you may return it free of charge within 14 days of purchase. The item must be returned to our support centre within 14 days in the condition in which it was delivered, together with an RMA code provided by our support team. Delivery charges are to be covered by the customer.
If our support team accepts a return for a non-faulty or undamaged item at their discretion, any refund due will be subject to a deduction for the initial delivery cost to the customer.
Non-Returnable Products
Some products sold on our website are non-returnable. These items are purchased and dispatched directly from the manufacturer or distributor and cannot be returned, refunded or exchanged unless they are faulty, damaged or not as described, in accordance with your statutory rights under the Consumer Rights Act 2015.
Non-returnable products are identified by the SKU prefix “PLA” or “CTK”, which is clearly displayed on the product page. By placing an order for an item with either of these prefixes, you acknowledge and accept that:
- The item is considered non-returnable once ordered;
- It is excluded from our standard returns policy; and
- We will not accept returns for reasons such as change of mind, incorrect ordering or compatibility concerns.
If one of these products arrives damaged, faulty or incorrect, please notify us within 48 hours of delivery so that we can arrange a suitable resolution in line with your legal rights. If you are unsure whether a product is returnable, please contact us prior to placing your order.
Warranty and Faulty Products
All products sold on our website are covered by the manufacturer’s warranty, where applicable. Warranty terms and durations may vary depending on the product and manufacturer.
Manufacturer Warranties
Where a manufacturer provides a warranty, any repair or replacement of faulty parts will be carried out in accordance with the terms of that warranty. The manufacturer’s warranty is in addition to, and not a replacement for, your statutory rights.
Responsibility for Repairs and Parts
We will assist in liaising with the manufacturer to resolve any warranty claim. However, please note that we act as a retailer only and do not manufacture the products we sell. If a repair cannot be arranged or a replacement part cannot be sourced from the manufacturer, the manufacturer is responsible for any further recourse under the warranty.
Exclusions
Warranty claims may be rejected if the fault is due to: accidental damage or misuse; failure to follow installation or maintenance instructions; or natural wear and tear or cosmetic damage that does not affect function.
If you believe your item is faulty, please contact us with a full description and photographs of the issue. We will guide you through the next steps, including liaising with the manufacturer if needed.
Product Upgrades and Exchanges
During busy periods we may provide an alternative brand of the product you have purchased, of at least the same or better quality. If this is not suitable, please contact us with your order number.
Termination
You may terminate these Terms at any time by closing your account, discontinuing your use of this Site and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
Links
This Site may contain links to other websites owned and operated by third parties. We are not responsible for the operation of or content located on or through any such site.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to: (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another.
You agree to promptly notify us of any third-party Claims, cooperate with us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including solicitors’ fees). You further agree that we shall have the right to control the defence or settlement of any third-party Claims.
Disclaimers
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
We do not represent or warrant that this Site is accurate, complete, reliable, current or error-free, or that this Site or our servers are free of viruses or other harmful components.
Limitation of Liability
Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service, under our applicable returns and exchanges policy. IN NO EVENT SHALL WE OR OUR RELATED PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Remedies
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate, and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including solicitors’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity.
Modifications to This Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.
Severability
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site.
These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement between you and us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. These Terms incorporate by reference our Privacy Policy.
Questions
Questions regarding these Terms, our Privacy Policy or other policy-related matters can be directed to our support team via the contact details available on this Site.