Terms of service

OVERVIEW

Welcome to Omilu Design! The terms “we”, “us” and “our” refer to Omilu Design. Omilu Design operates this store and website, including all related information, content, features, tools, products, and services, to provide you – the customer – with a personalized shopping experience (the “Services”). Omilu Design is powered by Shopify, which enables us to deliver these Services to you.

The following Terms of Service (the “Terms”), including all referenced policies, outline your rights and responsibilities when using the Services.

Please read these Terms carefully. They contain important information about your legal rights, including disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you are not authorized to access or use the Services.

ARTICLE 1 – ACCESS & ACCOUNT

By agreeing to these Terms, you confirm that you are of legal age in your jurisdiction of residence and have given us consent to allow any of your minor dependents to use the Services through your owned or managed devices.

To use the Services – including browsing our site or purchasing products – we may require personal details such as your email address, billing, payment, and shipping information. You confirm that all information you provide is accurate, current, and complete, and that you have the legal right to share it.

You are solely responsible for maintaining the security of your login credentials and any activity under your account. You may not transfer, sell, license, or assign your account to any third party.

ARTICLE 2 – OUR PRODUCTS

We aim to provide accurate descriptions of our products and services. However, please note that colors and appearances may vary depending on your device and screen settings.

We do not guarantee that the appearance or quality of any product or service will meet your expectations or match its online representation.

All product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit quantities sold per person, region, or jurisdiction.

ARTICLE 3 – ORDERS

By placing an order, you make an offer to purchase. Omilu Design reserves the right to accept or reject any order at our sole discretion. Orders are not accepted until confirmed and paid in full.

Please review your order carefully before submitting. We may not be able to honor cancellation requests after acceptance. If we reject, modify, or cancel your order, we will attempt to notify you via the contact details provided during checkout.

Purchases may only be returned or exchanged in accordance with our Return Policy. You represent and warrant that all purchases are for personal or household use only, and not for resale or export.

ARTICLE 4 – PRICES & BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged is the one shown at the time of your order and confirmed in your order email.

Unless otherwise stated, prices are exclusive of taxes, shipping, handling, duties, and import fees.

Displayed prices may differ from those in physical or third-party stores. Promotional offers may have separate terms, which take precedence over these Terms if conflicting.

You agree to provide current, complete, and accurate billing and account information. You must promptly update your data, including email, credit card numbers, and expiration dates.

You confirm that (i) the payment details you provide are valid; (ii) you are authorized to use the card; (iii) your purchase will be approved; and (iv) you will pay all charges as listed, including applicable taxes and shipping.

 

ARTICLE 5 – SHIPPING & DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and not guaranteed. We are not liable for delays caused by carriers, customs procedures, or events beyond our control. Once products are handed over to the carrier, ownership and the risk of loss transfer to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

All content provided through the Services – including trademarks, names, text, visuals, graphics, reviews, video and audio – as well as their layout and selection, are the property of Omilu Design, its affiliates, or licensors. They are protected by patent, copyright, and intellectual property laws in Europe and elsewhere.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, republish, or transmit any part of the Services without our prior written consent.

Unless explicitly stated otherwise in these Terms, no part of the Services grants you any license or rights under any patent, trademark, or copyright owned by Omilu Design, Shopify, or third parties. Unauthorized use may violate applicable laws. All rights not expressly granted herein are reserved.

All names, logos, product names, service names, and designs associated with Omilu Design are trademarks of Omilu Design or its affiliates. You may not use them without prior written permission. Shopify-related trademarks are property of Shopify Inc. All other names and logos belong to their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may be granted access to third-party tools through our Services. These tools are offered “as is” and “as available” without warranties or guarantees.

We do not monitor or control these tools and shall not be liable for any damage or loss resulting from your use of them. Use of third-party tools is at your own risk and subject to the terms set by those third parties.

New features or services we may introduce in the future will also be subject to these Terms.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may contain links or integrations to third-party websites or tools. We do not control or endorse the content or accuracy of such third-party materials.

By accessing those sites, you do so at your own risk. We are not liable for any damage or loss related to your use or purchase from third-party websites or services. Please review their terms and policies before engaging in any transaction.

All complaints or claims related to third-party content or services must be directed to the respective third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

Omilu Design uses Shopify to power its Services. However, all sales and transactions take place directly between you and Omilu Design.

By using our Services, you acknowledge that Shopify is not responsible for any sales-related issues, including damages or losses arising from products purchased from us. You explicitly release Shopify and its affiliates from any such claims.

ARTICLE 10 – PRIVACY POLICY

Any personal information collected through our Services is governed by our [Privacy Policy], which you can view on our website.

As our Services are hosted by Shopify, your data may also be processed according to Shopify’s privacy policies. This includes access and use data that allows Shopify to operate and improve the Services.

Your data may be shared with third-party service providers located outside your country of residence, as necessary to deliver the Services. Please review our [Privacy Policy] for more information.

ARTICLE 11 – FEEDBACK

If you submit, upload, email, or otherwise send us any ideas, suggestions, feedback, reviews, proposals, or content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium, for any purpose, including commercial use.

You confirm that (i) you own or have the right to share the Feedback, (ii) you have disclosed any compensation received for submitting it, and (iii) your Feedback complies with these Terms. We are not obligated to (1) keep Feedback confidential, (2) pay compensation for it, or (3) respond to it.

We reserve the right, but not the obligation, to monitor, edit, or remove Feedback that we determine to be unlawful, offensive, defamatory, obscene, or otherwise objectionable, or that infringes on any third-party rights.

You agree your Feedback does not infringe on the intellectual property or personal rights of others, and does not contain libelous, unlawful, or harmful content. You may not impersonate someone else or mislead us about the origin of any Feedback. You are solely responsible for your submissions.

ARTICLE 12 – ERRORS, INACCURACIES & OMISSIONS

Occasionally, our Services may contain typographical errors or inaccuracies, including in product descriptions, prices, promotions, offers, shipping costs, transit times, and availability.

We reserve the right to correct such errors, update information, or cancel orders if any information in the Services is inaccurate, at any time, without prior notice – even after your order has been submitted.

ARTICLE 13 – PROHIBITED USES

You may only use the Services for lawful purposes. You may not use them to:

  • Violate any law, regulation, or third-party right

  • Infringe on our intellectual property or that of others

  • Harass, abuse, insult, harm, defame, or intimidate anyone

  • Submit false or misleading information

  • Send spam or other unauthorized advertising

  • Introduce malware or harmful code

  • Collect personal data without permission

  • Circumvent security measures or interfere with the site’s functionality

We reserve the right to suspend or terminate your access if you violate these rules.

ARTICLE 14 – TERMINATION

We may suspend or terminate these Terms or your access to the Services at any time, without notice. You remain responsible for any amounts due prior to termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimers, Limitations of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any terms which by nature should continue.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

The information provided through the Services is for general information only. We do not guarantee its accuracy or usefulness, and you use it at your own risk.

UNLESS EXPRESSLY STATED OTHERWISE, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

We do not warrant that use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow exclusion of implied warranties, so this section may not apply to you.

ARTICLE 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, OMILU DESIGN AND OUR AFFILIATES, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, SAVINGS, OR DATA, ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR PRODUCTS.

This includes, but is not limited to, claims based on contract, tort (including negligence), strict liability, or otherwise – even if we were advised of the possibility of such damages.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Omilu Design, Shopify, and our affiliates, officers, employees, and service providers from any claims, losses, damages, liabilities, or expenses arising from:

  1. Your breach of these Terms

  2. Your violation of any law or third-party rights

  3. Your use of the Services

We reserve the right to assume the defense and control of any matter subject to indemnification, at your expense.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remainder of the Terms will remain valid and enforceable to the fullest extent permitted by law.

ARTICLE 19 – WAIVER & ENTIRE AGREEMENT

Our failure to enforce any part of these Terms shall not be deemed a waiver of our rights.

These Terms, along with any related policies or posted rules, constitute the entire agreement between you and Omilu Design and supersede all prior agreements and communications.

ARTICLE 20 – ASSIGNMENT

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Any attempted assignment without permission is void. We may freely assign or delegate our rights and obligations without notice.

ARTICLE 21 – GOVERNING LAW

These Terms are governed by the laws of the jurisdiction where Omilu Design is headquartered. You and Omilu Design agree to submit to the exclusive jurisdiction of the courts in that location.

ARTICLE 22 – HEADINGS

The section titles in these Terms are for convenience only and do not affect interpretation.

ARTICLE 23 – CHANGES TO TERMS

You can review the latest version of these Terms at any time on this page.

We reserve the right to update or modify any part of these Terms at our discretion. If changes are made, we will notify you in accordance with applicable law. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

ARTICLE 24 – CONTACT

For questions regarding these Terms, contact us at:
Omilu Design B.V.
info@omiludesign.nl
Joop Geesinkweg 201, 1114 AB Amsterdam
KvK: 97551112
VAT ID: NL868105338B01