TERMS & CONDITIONS OF SALE
HERE ARE OUR TERMS & CONDITIONS OF SALE, PLEASE READ THEM CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
This agreement involves the terms and conditions relating to customers purchasing from Otile.com. Otile.com - and the third-party vendor named on the invoice of goods for sale on Otile.com. You agree to observe these Terms of Sale as applicable to your purchase from the Site for your contract. These Terms of Sale can be changed without the aforementioned written announcement at any time, at Otile.com -.’s exclusive discretion.
Presentation and Pricing of the products:
- We offer free samples that you can be aware of product color, texture, pattern, …. And make sure this is what you like before you order.
- Otile.com - is not responsible for any kind of mistakes on the Site, and it has the right to change information, prices, provisions, blog posts, and descriptions for any products and at any time and without announcement. It also does not warranty that a product description on the Site is correct, comprehensive, consistent, recent, or flawless.
- Otile.com - tries to correctly present the color, texture, and detail of products on the Site, but it provides no promise that the color, texture, or detail you see matches that. Some inconsistencies may happen because of your monitor and the presentation settings or capabilities of the monitor.
- The price for a product on the Site is FOB prices; worth mentioning is that the price does not consist of shipping and handling charges, customs, duties, or any taxes associating with your Order.
You acknowledge that insertion of a piece in a cart on the Site does not reserve the price for the product presented at that time. The price of the item in your cart may change to a higher or lower price during the time you place it in your cart and the time you buy it.
Otile.com - is not responsible to fulfill a product that was publicized with an incorrect price. If an error is revealed in the case of price, Otile.com - will inform you as soon as is reasonably possible. You will be recommended the correct price and provided the opportunity to order the product at the correct price using a separate transaction. If you have already paid for that product with the incorrect price, Otile.com - will repay the full amount to you.
Your reception of an order approval does not indicate Otile.com -.’s acceptance of your Order, nor does it constitute approval of Otile.com -.’s offer to sell.
Otile.com - reserves the right at any time after reception of your Order to decline, reject or withdraw it for any reasonable reason, including unavailability of products, failure to fulfill payment terms, product pricing mistakes, restraints or preventions on the sale or use of products, if Otile.com - determines, in its exclusive discretion, your Order is made for commercial resale purposes, and any breach by you of these Terms of Sale. If payment has been settled for the purchase and Otile.com - cancels your Order, Otile.com - shall immediately issue a reimbursement to the same account no greater than the amount remitted for the unaccepted or canceled Order.
Some of the products you order from Otile.com - may be designed on the Site or the Otile.com - quote or invoice for the product as routine order products and/or customized by Otile.com - and/or its suppliers if you wish. Otile.com - requires payment of one hundred percent of the Custom Order cost before a Custom Order will be recognized, and an invoice for such Order will be issued. The Custom Orders may not be accessible from third-party market sellers.
Worth noting is that once an invoice for a Custom Order has been delivered, the Custom Order cannot be altered or canceled and is non-refundable.
There is no guaranteed delivery time for Custom Orders. All the delivery lead times for Custom Orders are estimations.
If you do not accept delivery of a Custom Order within thirty days of the first delivery attempt by Otile.com - and/or its delivery agent, the charges for the storage will be charged to you. Suppose You do not accept delivery of a Custom Order within sixty days from the First Delivery Attempt. In that case, the Custom Order will become the possession of Otile.com - or the supplier, as applicable.
Products can be ordered from Otile.com - by the container. You can only place a Container Order by getting in touch with Otile.com - customer service representative by telephone or email at Order lead times for Container Orders may significantly differ depending on the product ordered and final delivery location.
Otile.com - requires payment of fifty percent of the Container Order cost when the Container Order is placed. The remaining fifty percent of the Container Order cost is needed when you are provided the Inspection Report by Otile.com - for your consent and notified by Otile.com - that the Container Order is ready to ship. Container Orders may not be accessible from third-party marketplace sellers.
Delivery of Container Order must be set with Otile.com - customer service representatives as the delivery options may alter according to the types of products and the delivery setting. All other terms relating to delivery will apply to Container Orders.
For any Container Orders placed, you will be the importer of record, in charge of compliance with all requirements of an importer of records, responsible for contracting for your own customs negotiator, and accountable for the payment of all brokerage and customs charges, taxes, and related costs accompanying the Container Order.
Container Orders that are also Custom Orders are subject to those payment terms described in Section 3(a) above.
Modifications and Withdrawals
You may request a modification to an order, excluding a Custom Order and Container Orders, under an invoice if such order modification requirements:
- maybe subject to extra charges;
- may lead to changes to the cost of shipping, management, and delivery of the Order;
- may cause a suspension in the order delivery;
- must be delivered by you to Order@Otile.com and getting approval from our company.
- must be received and recognized by Otile.com - preceding the delivery or pick-up of the Order consistent with these Terms of Sale.
- You may withdraw an order, apart from Custom Orders and Container Orders, at any time before starting the production of your Order, preceding the delivery, depending on these Terms of Sale.
- Withdrawal requests must be sent by email by you and received and approved by Otile.com - at: Order@Otile.com preceding the delivery or pick-up of the Order consistent with these Terms of Sale.
- Terms of payment are within Otile.com -.’s exclusive discretion and unless otherwise agreed to in writing by Otile.com -, payment must be received or otherwise authorized or protected in a form approved by Otile.com - preceding the Otile.com -.’s acceptance of an order.
- You must pay for the Order by an approved credit card, wire transfer, electronic funds transfer, or some other preset payment approaches agreed to by Otile.com - in writing.
- Invoices are due and payable by the payment date(s) stated through electronic authorization between Otile.com - and you.
- Otile.com - may invoice parts of an order independently.
- Orders are not binding upon Otile.com - until accepted by Otile.com -.
- Any citations given by Otile.com - will be legal for the period stated on the citation. Otile.com - reserves the right to modify or withdraw citations if needed.
Shipping and Delivery
Otile.com - offers universal delivery based on your Shipping Address. Some limitations may be applied according to the size, content, and restrictions relating to the order. Obviously, shipping is not available to post office boxes.
Address for Delivery
Otile.com - will deliver your Order, through its logistics or delivery representative(s), to the shipping address you provide at the time of purchase and shown on the invoice.
- Any delivery dates provided by Otile.com - are only estimations and prone to change. Otile.com - does not guarantee the date or time of the delivery.
- The actual date of delivery of your Order will depend on a number of issues including the size and contents of your order and delivery method and option(s) selected and available during the processing of your order.
Unless otherwise agreed to in writing by Otile.com - and subject to these Terms of Sale, all deliveries of your Order will be to the street curb-side of the Shipping Address only. You will be in charge of moving the contents of your Order from the street curb-side of the Shipping Address into your home or business
Due to the length, size, and weight of some products and the location of the Shipping Address, curbside delivery may not be accessible. In such cases, you will be required to deposit or assist the deposit of your order from the delivery truck or pick the Order up in line with the “Pick-up Option” set out in these Terms of Sale. Curb-side Delivery and Customer Deposit are collectively defined for the purposes of these Terms of Sale as “Standard Delivery.” Supplementary information regarding the above-noted delivery options can be reached at: Order@Otile.com
- Depending on the products in your Order and the shipping address, you may have the possibility of picking up an order directly from a warehouse location of Otile.com -, a supplier or one of their warehouse service providers.
- The selection of this option must be made before the issuance of an invoice for your Order.
- If you choose the option of picking up an order directly from a warehouse location of Otile.com -, a supplier or one of their warehouse service providers, you must retrieve your Order from the warehouse location shown on your order invoice in thirty days of the scheduled pick-up date communicated to you by Otile.com -. Due to restricted warehouse space, if your order is not retrieved within this time, Otile.com - may withdraw your Order and refund you the cost.
- Extra information concerning the pick-up option is available at: Otile.com
Cost of Delivery
- You are in charge for all costs of shipping and delivery of your order to the Shipping Address including all customs and duties that may be relevant to the Order.
- You should provide correct and comprehensive information to Otile.com so as to allow Otile.com and/or its delivery agents to expedite the delivery of your order.
- Shipping rates and delivery pricing provided for your Order are only relevant to the standard delivery. Extra storage and/or shipping charges and other warehouse charges may apply if you cannot be contacted, or are inaccessible to receive product or if an order is redirected at your demand.
- If a shipping rate and/or delivery pricing is quoted at an incorrect rate due to a typographical mistake, fault in product features received by Otile.com from a supplier, or mistake in Pricing from Otile.com’s delivery agents, Otile.com will have the right to reject, modify, or withdraw any orders placed by you if the Order has been confirmed or whether payment has been settled by you.
- Subject to these Terms of Sale, Otile.com may occasionally offer specific shipping and delivery promotions to its clients including discounted or free delivery for certain products on the Site. Shipping promotions are only accessible to customers with shipping addresses in the United States and Canada are dependent on product inventory levels in the geographic area within which Your Shipping Address is located, the Delivery Option You choose for your Order, and whether your purchase of a product to which a Shipping Promotion relates, is combined with your purchase of any other product.
- Shipping Promotions can be altered and/or end at any time in Otile.com’s exclusive discretion and without any liability to Otile.com. The cost of your Order will be detailed on the shopping cart page for your Order before the purchase and on the Otile.com invoice for your Order.
Checkup and Reception
- You are responsible for checking the products in your Order for shortages or damage at the time of receiving your order. All kinds of loss and damage must be acknowledged and filed in line with the claims process mentioned in these Terms of Sale.
- Title to the products in your Order passes from Otile.com - and/or a supplier to you upon the finishing point of shipment of your order to the shipping address and your acceptance of the Order.
- Risk of loss for products purchased by you passes to you upon transfer of title as mentioned here.
- Supplementary details concerning the checkup of an order are accessible at: Otile.com
- You are responsible for all sales, use, excise, value-added, and other charges related to your Order, however, designated, as well as any duties, clearance charges, or other destination charges.
- If appropriate, a separate charge for such items will be shown on the invoice for your Order including any applicable federal, state, provincial, territorial, or local tax of the location to which the product is being sent.
Manufacturer warranty and Claims:
- All warranties set out are manufacturer-specific warranties only. The limited warranty relevant to each product sold by Otile.com - or the supplier on the Site, is set out under the heading “Warranty”. Such limited warranty relates to each sale by * Otile.com - or the supplier of that specific product.
- Otile.com - makes no express warranties except those stated in these Terms of Sale and in the applicable warranty statement in effect on the date of your purchase of the subject product.
Claims for Delivery Error and Shipping Damages
- While delivering an order to the shipping address you own the responsibility for the inspection of your Order consistent with these Terms of Sale.
- Even though it is a rare event but in case of any shipping shortages or damages relating to your Order, you must complete the subsequent stages:
- Record the number of boxes damaged following your signature on the delivery receipt provided by Otile.com - or its delivery agent at the time of delivering;
- Take photographs of the Order at the arrival time at the shipping address;
- Record any further information about the damage or shortage on the delivery receipt including the word “Damage” or “Short” as applicable; and
- Report any kinds of damages to Otile.com - at Order@Otile.com during thirty days from the date the shipment was delivered.
- According to your compliance with Otile.com -’s claims procedure set out here and Otile.com -’s validation of such claims, in Otile.com -’s exclusive discretion acting reasonably, Otile.com - will arrange to either re-send you the replacement product (for damages) or extra product (for shortages) at Otile.com -’s expense or will provide you a reimbursement credit for the value of the goods damaged or short.
o 30-Day Money Back Guarantee:
- THE WARRANTIES MENTIONED IN THESE TERMS OF SALE ARE SPECIFIC TO EVERY MANUFACTURER. EXCEPT FOR THE ONES WHICH Otile.com - EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, REPRESENTATIONS, AUTHORIZATIONS OR CONDITIONS WHETHER THEY ARE EXPRESSED, IMPLIED, OR ARISING FROM STATUTE OR OPERATION OF LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY, QUALITY, OR FITNESS FOR A SPECIFIC PURPOSE (WHETHER OR NOT Otile.com - KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH OBJECTIVE) ACCORDING TO THE TERMS OF SALE, THE SITE AND ALL PRODUCTS LISTED OR REFERENCED THEREON. Otile.com - ALSO DISCLAIMS ANY INDIRECT WARRANTY ARISING OUT OF TRADE USAGE, A COURSE OF DEALING OR COURSE OF PERFORMANCE OR EVEN BY OPERATION OF LAW. Otile.com - DOES NOT CLAIM THAT THE PRODUCT(S) ON THE SITE WILL ARE FREE OF ANY ERROR OR DEFECT, OR EVEN THE FACT THAT EACH DEFECT WILL BE RECTIFIED NOR THAT ANY PRODUCTS FULFILL THE SPECIAL GEOGRAPHICAL AGREEMENT OR REGULATORY RESTRICTIONS. IT IS YOUR DUTY TO ENSURE THAT THE USE OF PRODUCTS PURCHASED ACTS IN ACCORDANCE WITH THE LOCAL JURISDICTION CODES AND ALL THE REGIONAL, NATIONAL, AND INTERNATIONAL LAWS AND REGULATIONS.
- IN ADDITION, Otile.com - DOES NOT WARRANT AGAINST ERRORS, DEFECTS, MISTAKES, OR IMPRECISENESS OF DATA, CONTENT, INFORMATION, MATERIALS, REPORTS OR ANY SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF Otile.com -’S PROTECTED SERVERS AND/OR ANY AND ALL PERSONAL DATA AND/OR FINANCIAL DATA STORED THERE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ALIKE, WHICH MAY BE TRANSFERRED TO OR THROUGH THE SITE OR WITH ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY Otile.com -, ANY INTERVAL OR TERMINATION OF TRANSMISSION TO OR FROM THE SITE, ANY INSULTING, OFFENSIVE, OR ILLEGITIMATE CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND EXPERIENCED AS A RESULT OF THE USE OF THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY SUCCUMBED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. THE SITE, AND ALL OF ITS CONTENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SITE AT YOUR EXCLUSIVE RISK.
Limitation of Liability
- Otile.com - DOES NOT ACCEPT LIABILITY BESIDE THE REMEDIES MENTIONED HERE. YOU AGREE THAT Otile.com -, ITS HOLDINGS AND EACH OF THEIR CORRESPONDING MANAGERS, OFFICERS, PERSONNEL, AGENTS, LICENSORS, PROVIDERS, SERVICE SUPPLIERS, DISTRIBUTORS, AND OTHER AGENTS WON’T BE ALLOWED FOR ANY MISSED INCOMES, LOSS OF INCOME, LOSS OF GOODWILL, LOSS OF INFORMATION, LOSS OF OPPORTUNITY OR OF BUSINESS OR OTHER DIRECT, COMMERCIAL, NON-COMMERCIAL, SUBSTANTIAL, SPECIFIC, INDIRECT, SUBSIDIARY, EXEMPLARY OR PENAL DAMAGES HOWEVER CAUSED WITH REGARD TO THESE TERMS OF SALE, THE SITE, YOUR USE OF THE SITE, OR YOUR PURCHASE OF ANY PRODUCT FROM THE SITE, REGARDLESS OF THE THEORY OF LIABILITY INCLUDING WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, FIRM LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF SUCH DAMAGES WERE PROBABLY OR IF Otile.com - WAS RECOMMENDED TO THE POSSIBILITY OF SUCH DAMAGES.
- YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE SITE, THESE TERMS OF SALE, AND YOUR PURCHASE OF PRODUCTS OR SERVICES FROM Otile.com - OR A SUPPLIER WITH THE SITE, Otile.com - IS NOT LIABLE OR RESPONSIBLE FOR ANY KIND OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR YOUR ORDER THAT IS THE FOCUS OF THE ALLEGED LIABILITY. THIS CONSTRAINT WILL APPLY IRRESPECTIVE OF THE FORM OF ACTION.
- THE SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY Otile.com -.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION ARE FULLY LEGAL.
All references to financial amounts, including prices, on the Site and in these Terms of Sale are meant to be in U.S. currency.
- These Terms of Sale and any sales thereunder shall be governed by the laws of California, USA an irrespective of the conflict of laws rules. You and Otile.com - ignore the application of the United Nations Convention on Contracts for the International Sale of Goods or any other related legislation to these Terms of Sale.
- The Site is managed by Otile.com - from its offices within California, USA. And is accessible from all over the USA, as well as from other countries around the world. As each of these jurisdictions has laws that may be different from those of the California, USA, by retrieving the Site, you agree that all matters relating to access to, or use of, the Site or any other hyperlinked website shall be governed by the laws of the California, USA.
- You also agree and submit to the special jurisdiction and setting of the courts of California, USA, and admit that you do so willingly and will be responsible for fulfilling the local laws.
- For precision, you waive any right to object to venue or jurisdiction based on the troublesome forum or for any reason and any legal or another right pursuant to the laws of the jurisdiction in which you are a resident to have a court case or arbitral hearing regarding these Terms of Sale adjudicated or set in that jurisdiction.
- Any rule of interpretation, law or regulation that provides that language in a contract that will be taken against the drafter, won’t be applicable to these Terms of Sale.
You agree that all disputes, controversies or claims between you and Otile.com -, whether or not such argument involves a third party, arising out of, regarding your relationship or agreement with Otile.com -, these Terms of Sale, the purchase or use of products from Otile.com - and/or rights of privacy including any and all disputes regarding the existence, validity, application, interpretation, performance, enforcement or termination of these Terms of Sale or the quality, suitability, fitness, merchantability, durability, safety, design, production, delivery, sale, purchase, distribution, tutoring, warning, performance or use of any product purchased from Otile.com - will be exclusively referred to and lastly resolved by, binding arbitration pursuant to the provisions of California, USA Act and/or California, USA Commercial Arbitration Act. Such arbitration will be conducted pursuant to Domestic California, USA Rules of Procedure of the California, USA. A single arbitrator will be selected by agreement of the parties or in default of agreement, such arbitrator will be appointed consistent with the Arbitration Rules.
The arbitration will be governed by the laws of California, the USA, and the laws of the USA if applicable. The arbitration will be held in Vancouver, California, USA, and will be directed in the English language. The arbitrator will have jurisdiction to award costs of the arbitration which include attorney’s fees and disbursements as well as the arbitrator fees and expenses. Any award of such arbitrator will be absolute and binding upon the parties. A judgment on the award of the arbitrator may be entered into any court having jurisdiction over the party or parties against whom an award may be allotted and the parties agree to and waive any defenses against the enforceability and accomplishment of any such judgment awarded by the arbitrator as contemplated in this Release. Where arbitration is prohibited or this section is unenforceable by the applicable laws, the parties agree to the exclusive jurisdiction of the courts of California, USA, regarding any Disputes.
- These Terms of Sale may NOT be changed, complemented, or edited by the use of any other document(s) or agreement except by the express written agreement from an authorized representative of Otile.com -. Any attempt to alter, complement or edit these Terms of Sale or to enter an order for product(s) that is prone to additional or altered terms and conditions will be null and void unless otherwise agreed to in a writing and signed by both you and Otile.com -.
The section headings used here are for convenience of reference only and do not form a part of these terms and conditions and no construction or inference shall be derived therefrom.
The association between you and Otile.com - will be that of independent suppliers and neither party nor any of their corresponding officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, personnel, or agents of the other because of these Terms of Sale.
You may not allocate, take, subcontract or delegate your rights, duties, or obligations hereunder.
The parties agree that these Terms of Sale and all materials incorporated by reference here will be drawn up in English. Les parties ont demande que cette convention ainsi que tous les document qui s’y rattchent soient rediges en anglias.
For purposes of these Terms of Sale, whenever the context requires the singular number should contain the plural, and vice versa, and the masculine gender should include the feminine and neuter genders, the feminine gender should include the masculine and neuter genders, the neuter gender should include the masculine and feminine genders.
These Terms of Sale and the rights and obligations here will be binding on and ensure to the benefit of the parties and their successors and permitted assigns.
Neither Otile.com -, any supplier nor any agents or contractors will be responsible for a failure to fulfill any responsibilities of such parties under these Terms of Sale or for any delay in satisfaction of such obligations nor for any damages of any kind in law or justice that you may undergo as a result of such failure or delay. If such failure or delay is due to circumstances beyond Otile.com -’s, a Supplier’s or their agents’ or contractors’ control including any act of God or public enemy, acts of government, riots, strikes, quarantines, accidents, or the inherent nature or vice of goods transportation.
The failure by Otile.com - to claim strict compliance with any provision of these Terms of Sale will not be deemed to be a waiver of such provision or any rights or remedy of Otile.com - under these Terms of Sale. Further, no waiver by Otile.com - of a breach of these Terms of Sale by you should constitute a waiver of any other breach, whether of the same or any other contract, term, or condition. The subsequent acceptance by Otile.com - of any breach of a contract, term, or condition by you shall not constitute a waiver of Otile.com -’s right to require performance by you at any time afterward.
- These Terms of Sale and any other written materials mentioned here will be considered for all purposes to be a “writing” or “in writing” and fulfill with all statutory, predetermined and other legal requirements for a writing, legally enforceable as a signed writing as against the parties hereto, and deemed an “original” when printed from electronic records established and maintained in the regular course of business.
- Electronic documents introduced as evidence in any judicial, arbitration, mediation, or proceeding, if established and maintained in the ordinary course of business, will be acceptable to the same extent as business records in written form that are similarly recognized and maintained.
These Terms of Sale should be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision should nonetheless be imposed to the fullest degree allowable by applicable law, and such determination should not disturb the validity and enforceability of any other remaining requirements.
THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH NEEDS THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY OR ANY OTHER COURT PROCEEDING OR CLASS ACTION OF ANY KIND.
THESE ARE THE CURRENT TERMS AND CONDITIONS OF SALE.
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