TERMS & CONDITIONS
References to "we", "us" or "our" throughout www.olayabeach.com ("the Website") are to Olaya Beach Swimwear limited. The use of the Website and the purchase of any products ("Products") from the Website is governed by these terms and conditions ("Conditions"). We reserve the right to modify these terms and conditions from time to time without notice to you.
There is no charge imposed by us for accessing the Website but you must pay the cost of the communications link you use to visit the Website. Access to the Website may be suspended, restricted or terminated at any time.
Links to other websites
We accept no responsibility for web sites or other information, practices or products of other parties linked to the Website. Your dealings with persons found via the Website are between you and such persons and we will not be liable for any loss or damage arising out of such dealings.
Products supplied from the Website are supplied by Olaya Beach Swimwear limited, a company registered in California, whose company is. EIN 27-4539432.
Your submission of an order represents an offer to purchase the Products indicated by you and it is not binding on us until we have notified you that an order has been accepted. All advertisements and communications are made by us until your order is accepted by us are invitations to treat only and are not offers. This means that if Products are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described, Olaya Beach Swimwear shall not be obliged to sell you those products.
As well as selling via the Website, we sell our product through mail order via the telephone (available throughout the world) and stores. Normally, prices on the Website are the same as the prices in catalogues currently being mailed, or on offer in our stores. However, prices may differ with a catalogue (or a store) because: (i) We have a Special Offer on the Website, in a Catalog or in a store (ii) The catalogue you have may have been replaced by a more up to date catalogue. As a result, we cannot guarantee that all prices are the same. We reserve the right to amend prices throughout the life of the catalogue with prices being correct as of going to print. Store prices can only be met in the store where the products are offered.
Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Limitation of Liability
While we will use reasonable means to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for: 1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or 2. any loss of goodwill or reputation; or 3. any loss which was not brought to the attention of Olaya Beach Swimwear at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Olaya Beach Swimwear; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any preceeding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement ) that rule Your relationship with us.
The Conditions shall be governed by and construed in accordance with the laws of California, United States and you irrevocably submit to the exclusive jurisdiction of its courts.
Customs & Duty
Please note that all shipments outside the US may be subject to import duties and taxes, which are levied once a shipment reaches your country. As we have no control over these charges and cannot predict what they may be, additional charges for customs clearance must be borne by you.
Promotional Code and Online Offer Terms and Conditions
From time to time we may issue promotional discount codes to individuals or groups of people.
Each code will have its own specific terms, for example when it is valid from and until, and what discount or offer it provides you. However, general terms for the use of voucher codes are: - They are not valid in conjunction with any other offer, discount, promotion or on sale items - They cannot be used to purchase online gift vouchers - They are only available for your sole use and will not be valid if passed on to third parties - They are not valid in any of our stores worldwide - Discounts are not transferable and cannot be redeemed by Olaya Beach staff and family - Olaya Beach Swimwear reserve the right to withdraw or alter any promotion at any time at their discretion without prior notification.