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Terms of Use
Welcome to the Ocean
White Web site (the "Site"). Ocean White Online provides the content
and services available on the Site to you subject to the following terms and
conditions ("Terms and Conditions"). By accessing or using the Site,
you are acknowledging that you have read, understood, and agreed, without
limitation or qualification, to be bound by these Terms and Conditions.
1. Purchase Related
Policies
The products and services available on the Site, and any samples thereof we may
provide to you, are for personal use only. You may not sell or resell any of
the products or services, or samples thereof, you purchase or otherwise receive
from us. Each order is limited
up to a maximum amount of $1500 US and to a maximum 6 units per product
per order. Not in the contrary to
the above mentioned, we reserve the right, with or without notice, to cancel or
reduce the quantity of any orders that we believe, in our sole discretion, may
result in the violation of our Terms and Conditions.
2. Accuracy of
Information
We attempt to be as
accurate as possible when describing our products on the Site; however, to the
extent permitted by applicable law, we do not warrant that the product
descriptions, colors or other content available on the Site are accurate,
complete, reliable, current, or error-free.
3. Backorders (out
of stock)
Backordered merchandise
includes items that are not currently in stock. In most cases, these items are
on order from our manufacturing facilities or suppliers. In some cases, we are
researching or waiting for stock information from one or more of our suppliers.
Ocean White will make
every effort to get the item(s) back in stock as soon as possible. If we
haven't been able to locate and ship the item(s) to you in 30 days, an order
status email will be sent to you. If for any reason we determine that a
backordered item is no longer available, we will cancel the item from your
order and notify you via email. We will not charge your credit card until the item
ships. Therefore, your credit card needs no adjustment upon order cancellation.
4. Returns
We guarantee your
satisfaction with all Ocean White merchandise. You may return any of our
products, with your receipt, for a merchandise exchange, credit, or a full
refund of the purchase price (minus shipping and handling charges), whether you
notify us within 30 days from the receipt of the products. If you receive a
damaged or defective item, we will promptly send you a replacement or issue you
a full refund after you have returned the damaged or defective product. You
will not be charged any additional shipping or handling fees for replacement of
such damaged or defective shipments. Please visit our Returns & Exchanges Policy
to read more about how to returns.
5. Product Orders
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE
ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference
to, a product or service on the Site does not imply that the product or service
is presently available or that we endorse that product or service. In the event
a product or service is listed at an incorrect price due to a typographical
error, error in pricing information received from a supplier, or any other
reason, we shall have the right to refuse or cancel any order placed for such
product or service at the incorrect price, even if the order has been confirmed
and/or your credit card has been charged. If your credit card has already been
charged for the purchase and your order is cancelled, we shall promptly issue a
credit to your credit card account in the amount of the incorrect price.
6. Order Acceptance
Your receipt of an electronic or other form of order confirmation does
not signify our acceptance of your order, nor does it constitute confirmation
of our offer to sell. We reserve the right at any time after receipt of your
order to accept or decline your order for any reason or for no reason at all.
We reserve the right at any time after receipt of your order, without prior
notice to you, to supply less than the quantity you ordered of any product or
service.
7. Payment
You are responsible for any payments due for any products or services
ordered through your account. If we do not receive payment from your credit
issuer or its agents, you agree to pay all amounts due to us. You shall also be
responsible for any costs of collection of overdue payment.
8. Sales Tax
The customer is
responsible for any import taxes that may be incurred on international orders.
9. Security
For your security
and privacy we use the highest online security system, SSL, to ensure the
privacy of our customers.
10. Ownership of
Materials on the Site
Ocean White is, unless otherwise stated, the owner of all copyright,
trademark, patent, database and other proprietary rights in the Site and its
contents. Without limitation of the foregoing, we own a copyright
in the Site as a collective work and/or compilation, and in the selection,
co-ordination and arrangement of the information and content in the Site. You
may not publish, distribute, extract, re-utilize, or reproduce any part of the
Site in any material form (including photocopying or storing it in any medium
by electronic means) other than as permitted by the United
States Copyright Act. Except as expressly provided in these Terms of Use and
the copyright notice, we grant no rights to you under any patents,
copyrights, trademarks, trade secrets or any other proprietary rights.
You may not without the prior written permission of Ocean White use any
computer code, data mining software, "robot", "bot",
"spider", "scraper" or other automatic device, or program,
algorithm or methodology having similar processes or functionality, or any
manual process, to monitor or copy any of the web pages, data or content found
on this Site or accessed through this Site. You also may not: engage in the
mass downloading of files from this Site; use the computer processing power of
this Site for purposes other than those permitted above; or flood this Site
with electronic traffic designed to slow or stop its operation.
11. Trademarks
All brand, product and service names used in the Site are the
trademarks, trade names or service marks of Ocean White unless otherwise
stated. You may not distribute products or offer services under or by reference
to or otherwise use or reproduce any such trade marks, trade names or service
marks, or use any meta tags or any other "hidden text" utilizing any
such trademarks, trade names or service marks, without the express prior
written permission of Ocean White or the owner of such trade marks, trade names
or service marks.
12. Modification of
the Site and the Services
We reserve the right, for any reason, in our sole discretion, to
terminate, change, suspend or discontinue any aspect of the Site, including,
but not limited to, content, features or hours of availability. We may also
impose limits on certain features of the Site or restrict your access to part
or all of the Site without notice or penalty. We may suspend or terminate your
account or your use of the Site at any time, for any reason or for no reason at
all.
13. Disclaimer of
Warranties and Liability
THE SITE, AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN
"AS-IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT
PERMITTED BY LAW, OCEAN WHITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF
THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS
ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN
CONNECTION WITH YOUR USE OF THE SITE. NEITHER WE NOR ANY OF OUR BUSINESS
PARTNERS REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY,
QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE
SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE
ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WE
DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE
DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY.
14. Limitation of
Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM
FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICE LISTED OR
PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE
PRICE PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY
OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SITE OR
ANY PRODUCT SOLD THROUGH THE SITE, OR ANY PART THEREOF, BE LIABLE FOR ANY
PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES
ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY CONTENT, PRODUCTS OR
SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO
BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE
FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR
THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
15. Amendment of
the Terms
We reserve the right to amend these Terms of Use without notice to you
from time to time. If we decide to change these Terms of Use we will post those
changes here. We encourage you to visit this section of our Site regularly in
order to remain informed of any changes. Any such amendment shall be effective
once the revised terms have been posted on the Site.
16. Applicable Law
These Terms or Use are governed by and will be construed in accordance
with the laws of Israel. Any disputes arising under or in connection with these
Terms of Use, or your access or use of the Site shall be subject to the
exclusive jurisdiction of the courts in Tel-Aviv, Israel.
Returns & Exchanges Policy
At Ocean White we want you to be completely satisfied with
your purchase. We believe strongly in our products and their quality. But if
for any reason you aren't satisfied, you can return merchandise to us by mail
and receive an online credit;. If you bought a product as part of a set, the
entire set must be returned to receive a refund.
Packaging
and Shipping Your Return
Please package your return in the original box, if you have it, and
send it to:
Ocean White Returns Department
8 Hamenofim St. Hertzelia Israel 46725
please include the following information with your return: the reason
for the return, a description of the item/s you are returning, your contact
information.
Please send us a copy
or the original invoice you received from us with your order.
Exchanges
You can exchange your returned item for another of equal value at the
online store . please specify your request when sending the product back in the
mail. If you'd like to exchange the item for one that costs more, we'll charge
your credit card for the difference.
PRIVACY POLICY
Your privacy and the security of the information that you provide to us
is highly important to us. To better protect your privacy and the security of your information, we provide this Privacy Policy to explain our information practices
and the choices you can make about the way your information is collected and
used on the Ocean White web site.
www.oceanwhite.com will not use your personal information except as outlined
in this Privacy Policy. By using our website you consent to the terms of this
Policy. This Policy applies to users in the United States only.
What
Information Do We Collect?
We will not collect any personally identifiable information about you
through our website unless you provide it to us voluntarily.
The types of personal information collected include: name, shipping
address, billing address, e-mail address, phone number and credit card
information to complete purchases.
We also collect aggregate, non-personally-identifiable information on
users by recording the IP address from the computers of visitors to our site.
An IP address is a number that is assigned to your computer when you surf the
Web. Web servers, or the computers that provide the web pages to your computer
for you to view, automatically identify your computer by its IP address. When
you use your computer to request to view a page from a server, that server logs
your IP address. theoceanwhite.com does not link IP addresses to anything
personally identifiable. Your visit to oceanwhite.com will be
logged; however, you will remain anonymous to us unless you choose to share
information with us. We track the number of people that view each page of our
website to better understand which features are most popular and best meet the
needs of our visitors.
How
Do We Use Your Information?
We may use the information we request from you to notify you of our
services, sales and promotions, or other matters that may be of interest to
you. The information we collect from you may be shared with our affiliates,
subsidiaries and/or agents, and may be used to provide services and other
information that you request from us. Sharing your information enables our
partners to follow-up with you on information you request, to complete your
transaction or to perform other services that you may request from us. We do
not authorize any of those third parties to make any other use of your
information. We may also use your information for market research purposes.
We will not sell or rent your personally identifiable information to
anyone. We will send personally identifiable information about you to other
companies or people when:
- We have your consent to do so.
- We need to share the
information in order to provide the product or service you have requested.
- We need to send the information
to companies who work on behalf of Ocean White to provide a product or
service for you on our behalf and to provide other services, including,
but not limited to, payment processing, shipping, order tracking,
promotional fulfillment, and customer service. Unless we tell you differently,
these companies do not have any right to use the personally identifiable
information we provide to them beyond what is necessary to assist us,
unless they have your consent to do so.
- We need to respond to valid
legal process. This includes a search warrant, subpoena, or court order,
and any other instance when we believe we are required to do so by law.
Ocean White may share aggregated, non-personally identifiable
information about our users with affiliates or other third parties for
marketing and promotional purposes.
Business
Transfers
As we continue to develop our business, we might sell or buy stores,
subsidiaries, or business units. In such transactions, customer information
generally is one of the transferred business assets, but remains subject to the
promises made in any pre-existing Privacy Policy (unless you consent
otherwise). Also, in the event that Ocean White Lt., or substantially all of
its assets are acquired, customer information will of course be one of the
transferred assets.
How
Do We Use Cookies?
We use "cookies" to help us provide a better user experience
by measuring which website areas are of greatest interest. We may also uses
cookies when you register for further information. In this situation, a cookie
will store useful information that enables our website to remember you when you
return. We can only read cookies from oceanwhite.com website. You
may choose to disable cookies using the tools in your browser; however, by
doing so you may not be able to take advantage of all of the functions of our
website.
Linking
to Other Websites
We may provide links to other websites that are not under our control.
These websites have their own policies regarding privacy that you may wish to
review. We have no responsibility for linked websites and provide these links
solely for the convenience and information of our visitors.
How
Do We Keep Your Information Secure?
In an endeavor to prevent unauthorized access, maintain data accuracy,
and ensure the correct use of information, we have put in place appropriate
physical and electronic procedures to safeguard and secure personal information
we collect. We cannot guarantee 100% security of any information that you
disclose online, and you do so at your own risk.
Ocean White incorporates security measures such as encryption and
authentication tools to protect your data from unauthorized use. Firewalls are
utilized to protect our servers and network from unauthorized users accessing
and tampering with files and other information that we store.
We use Secure Sockets Layer (SSL) technology to protect your credit
card information. Upon entering the checkout page your computer will begin
communicating with our server in secure mode. You will be able to tell that you
are in secure mode because the "https" in the web address on your
browser will change to "https". In addition, depending on the browser
you use, you will see either a padlock (Microsoft Internet Explorer, Netscape
Communicator, AOL) or a solid key (Netscape Navigator) in the lower section of
your browser window.
How
Do I Correct My Information?
Please assist us in keeping your information current by notifying us of
changes to your name, address, title, phone number or email address. You may
correct your personal information or select the option not to receive future
contacts (i.e. mailings, calls, etc.) by contacting customer service at info@oceanwhite.com. In the event you elect
not to receive any future contacts from oceanwhite.com, we will endeavor
to remove your name from all of our contact lists; however, information is
sometimes difficult, if not impossible, to remove from all data sources, and we
can only promise to endeavor to remove you from any lists we control. We shall
have no liability under this Privacy Policy for our failure to accomplish this
objective. If you have questions, you should direct them to info@oceanwhite.com. You may also request
changes to or removal of your personal information from our website by
contacting us at the address provided below. Requests submitted via mail take
longer to process and you should not expect your information to be removed for
a minimum of six (6) weeks after submitting a written or telephonic request. During that time you may continue to receive materials from us via email or regular mail and we
apologize for any inconvenience such materials may cause you.
Children
We will never knowingly collect or solicit information from individuals
under the age of 13 without first obtaining verifiable parental consent. If you
are under the age of 13 you should not provide information to us via this
website. If we become aware that a person under 13 has provided personally
identifiable information to us without verifiable parental consent, we will
remove such personally identifiable information from our files.
Effective
Date and Modifications
This Privacy Policy is effective as of the date first written above.
Ocean White reserves the right to modify this Privacy Policy at our discretion.
If we decide to change our privacy policy, we will post those changes here. We
encourage you to visit this section of our site regularly in order to remain
informed of any changes. Changes to our Privacy Policy shall become effective
as of the date they are posted to this site.
Contacting
Us
If you have any questions or concerns regarding this Privacy Policy or
our data collection practices, please contact us as follows:
By Email:
info@oceanwhite.com
customersupport@oceanwhite.com
By Mail:
Ocean White International Ltd.
8 Hamenofim st.
Hertzelia Israel 46725
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