This website is operated by Heart-Of-The-Ocean.com On this site, the terms "we", "us" and "our" refer to Heart-Of-The-Ocean.com.
Heart-Of-The-Ocean.comoffers the website https://heart-of-the-ocean.com/, including all the information, tools and services available on it for you, the user, subject to your acceptance of all the terms, conditions, policies and notices set out herein.
By visiting this site and/or purchasing one of our products, you agree to be bound by the following terms and conditions ("General Terms and Conditions of Sale", "General Terms and Conditions of Sale and Use", "Conditions"), including the additional terms, conditions and policies referred to herein and/or accessible by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these General Terms and Conditions of Sale and Use are considered as an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
All new features and tools that will be added later to this shop will also be subject to these Terms and Conditions of Sale and Use. You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by posting updates and/or modifications on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.
Our shop is hosted on Shopify Inc. and they provide us with the e-commerce platform that allows us to sell you our products and services.
By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent to use this website.
The use of our products for any unlawful or unauthorized purpose is prohibited, nor may you, in connection with the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit worms, viruses or any other destructive code.
Any infringement or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to deny access to the services to any person at any time for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this implies (a) transmissions over various networks; and (b) changes to comply and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our express prior written consent.
The titles used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for information purposes only and should not be your sole source of information for decision-making purposes without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some previous information. This prior information, by its nature, is not up to date and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - CHANGES IN SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice at any time.
We will not be liable to you or any other third party for any price changes, suspension or interruption of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may only be available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colours and images of our products that appear on our shop. We cannot guarantee that the display of colours on your computer screen will be accurate.
We reserve the right, but are not obliged, to limit the sale of our products or services to any person, in any geographic area or jurisdiction. We could exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not guarantee that the quality of all products, services, information, or other merchandise you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.
Protection of the buyer:
We will refund you in full if you do not receive your order within 50 days.
ARTICLE 6 - ACCURACY OF INVOICING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel it, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, may appear to come from merchants, resellers or distributors.
You agree to provide up-to-date, complete and accurate order and account information for all orders placed on our shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please consult our Return Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control, monitoring or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind and without any approval. We will have no legal liability resulting from or related to the use of these optional third-party tools.
If you use any of the optional tools available on the Site, you do so at your own risk and discretion, and you should review the terms and conditions under which such tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these General Terms and Conditions of Sale and Use.
ARTICLE 8 - THIRD PARTY LINKS
Some content, products and services available through our Service may include elements from third parties.
Links from third parties on this site may redirect you to third party websites that are not affiliated with us. We are under no obligation to review or evaluate the content or accuracy of these sites, and we do not guarantee or assume any responsibility for any content, website, product, service or other element accessible on or from these third-party sites.
We are not responsible for any damages or injury related to the purchase or use of goods, services, resources, content, or any other transaction carried out in connection with these third-party websites. Please read carefully the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, complaints, concerns, or questions regarding the products of these third parties must be submitted to these same third parties.
ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER SUGGESTIONS FROM USERS
If, at our request, you submit specific content (for example, to participate in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by post, or otherwise (collectively, "comments"), you grant us the right, at any time, without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments you send us. We are not and shall not be required to (1) maintain the confidentiality of comments; (2) pay compensation to anyone for any comments provided; (3) respond to comments.
We may, but are under no obligation to, monitor, modify or delete content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software that could affect in any way the operation of the Service or any other related website. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you publish and for their accuracy. We assume no responsibility or liability for any comments you post or any other third party post.
ARTICLE 10 - PERSONAL INFORMATION
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders, if any information in the Service or on any other related website is inaccurate, at any time and without notice (including after you have placed your order).
We are not required to update, modify or clarify the information in the Service or on any other related website, including but not limited to price information, except as required by law. No defined update or update date in the Service or on any other associated website should be taken into account to conclude that the information in the Service or on any other associated website has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for unlawful purposes; (b) to induce or participate in unlawful acts by third parties; (c) to violate any regional order or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that compromises the functionality or operation of the Service or any associated, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extract information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.
ARTICLE 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent in any way that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time, we may delete the Service for indefinite periods of time or cancel the Service at any time without prior notice to you.
You expressly agree that your use of the Service, or your inability to use the Service, is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided "as is" and "as available" for your use, without representation, warranty and condition of any kind, express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.
Heart-Of-The-Ocean.com, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, income, savings, data, replacement costs or similar damages, whether in contract, tort (even in case of negligence), strict liability or other liability resulting from your use of any service or product from this Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any error or omission in any content, or any loss or damage of any kind resulting from the use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility that it may occur. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 - COMPENSATION
You agree to indemnify, defend and hold Heart-Of-The-Ocean.com, our parent company, our subsidiaries, affiliates, partners, officers, directors, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of these Terms and Conditions of Sale and Use or the documents to which they refer, or your breach of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
In the event that any provision of these General Terms and Conditions of Sale and Use is held to be illegal, void or unenforceable, such provision may nevertheless be applied to the fullest extent permitted by law, and the non-applicable portion shall be deemed to be severed from these General Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of all other remaining provisions.
ARTICLE 16 - TERMINATION
Obligations and liabilities incurred by the parties prior to the termination date will remain in effect after the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without giving you prior notice and you will remain liable for all amounts due up to and including the termination date, and/or we may refuse you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules that we publish on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use shall not be interpreted to the disadvantage of the drafting party.
ARTICLE 18 - APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreements through which we provide Services to you, shall be governed by and construed in accordance with the laws in force in Belgium.
ARTICLE 19 - MODIFICATIONS TO THE GENERAL CONDITIONS OF USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the publication of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of such changes.