a. “Seller”, “Omura”, “us” and “we” are references to the owner of this website, Flat Planet, Inc. which is a registered corporation in the State of California, USA.
b. “Buyer”, “you” and “your” are references to the purchaser of the Goods from us;
c. “Goods” means the items specified in the Seller’s invoice;
d. “Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods on omura.com which incorporates this User Agreement;
e. “User Agreement” means these terms and conditions;
f. “Website” means the Omura.com website and all related content and mobile applications;
g. “Materials” means the information, resources, services, products, and tools we provide for you, either directly or indirectly through this site.
This User Agreement may change at our discretion at any time and without prior notice. All orders and purchases made through this Website are governed by this User Agreement. The purchase of merchandise through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with the laws of the jurisdiction of their residence. By entering this Website you agree that you will access the content solely for your personal and, non-commercial use. This User Agreement applies to the purchase of goods from Omura.com only.
Omura products are for sale strictly to individuals 21 years of age and older. Misrepresentation of a Buyer’s age is not the responsibility of the Seller.
3. YOUR ORDER
Please read the following carefully about placing an order for Goods on omura.com:
a. In order to make purchases through the Website, the Buyer will be requested to register and provide personal details. In particular, Buyers must provide their real name, phone number, email address, date of birth and other requested information as indicated.
b. When ordering items, you as the Buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
c. When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in this User Agreement.
d. All orders are subject to acceptance and availability. We reserve the right not to accept the Buyer’s order in the event, for example:
In such case an order placed by Buyer will not be accepted and the Contract between Buyer and Seller will not be formed.
e. Once a choice has been made and the order has been placed, the Buyer will receive an introductory email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the Buyer cancels the order in accordance with our Cancellation policy, acceptance of the order and completion of the Contract between Buyer and Seller will be perfected when we send an email to you confirming acceptance of your order.
f. The Website displays products, which form its collection. They are normally products that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand will sell out quickly. Should this be the case, you can contact our customer care department at [email protected] who will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment.
Prices shown on the Website are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. The price of a product displayed on the Website at the time the order is accepted will be honored.
Payment for Goods and shipping where applicable must be made at the time the order is placed through this Website. Payment can be made by Visa, Master Card, Discover, or American Express. In all cases, the Contract between Buyer and Seller will not be completed, and delivery will not occur until we are satisfied that the payment has cleared. If the issuer of the Buyer’s payment card refuses to authorize payment to the Seller, we will not be liable for any delay or non-delivery.
All credit card transactions on this site are processed using a secure online payment platform that encrypts your card and/or banking details in a secure host environment. The Seller does not hold any credit card details on our Website or in our customer database.
Please carefully review the following delivery guidelines before placing your order so you may choose the delivery option most suitable for you:
a. The Seller will give the Buyer an estimated delivery date for the Goods, but no such estimated times or dates provided by us are guaranteed. Delivery times are never guaranteed. Orders may take up to 2 business days for processing and fulfillment from when the order is placed, and daily cutoff time is 2:30 PM PST.
b. The Seller will arrange for packing and shipping according to the method of delivery chosen by the Buyer during the checkout process.
c. Responsibility for the purchased Goods passes to the Buyer at the time shipping carrier (i.e. USPS, UPS, Fedex, etc.) takes possession of the Goods.
d. FedEx and UPS do not provide delivery service to PO Boxes. If you are having an order shipped to a PO Box please select USPS, so that the package is not delayed and/or returned.
e. The Buyer must check the Goods immediately upon delivery and contact the Seller if there are any problems with the Goods. The Buyer must notify the Seller within 24 hours of delivery to ensure prompt attention as completed orders are filed away daily.
f. In the case that the Goods have been damaged in transit, the Buyer must keep all packaging, as this may be required when making a claim.
g. The Seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the Goods when such delay is due to causes beyond the reasonable control of the Seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.
7. LIMITED WARRANTY
Omura currently offers a one-year limited warranty, from the date of delivery of Goods to Buyer, against defects of materials and workmanship under normal use for Omura items purchased through this Website and our authorized retail partners.
8. RETURNS AND EXCHANGES
We don’t offer refunds under our current policy for Goods purchased from our Website. But If the Goods are damaged, incorrect, or incomplete, we will gladly replace the damaged goods or offer an exchange for replacement goods of equal value. To replace defective or damaged Goods, Buyer must notify Omura within one year from the date of delivery of such defective or damaged Goods, and provide receipt of purchase and other relevant information as requested by Omura. If you received an order shipped from Omura that is damaged, incorrect, or incomplete, please contact customer service department at [email protected] immediately to explain the problem with your order and to request replacement goods. We may require you to return damaged items before we process your request for replacing the damaged items. In order to qualify for an exchange, Buyers must also provide order number, proof of purchase, a photo or video of the faulty product, if applicable.
For in-store purchases of Omura products from any of our authorized retail partners please refer to the specific store’s return policies from where you purchased the items. Each retail partner has its own return policies that are independent of Omura’s return policies and are not controlled by Omura.
10. OPT-IN OPT-OUT POLICY
Users of this site may access, amend or delete any data filled in on the registration form at any time; either in writing, or via email at [email protected].
Orders submitted cannot be cancelled once accepted via confirmation email sent to Buyer of acceptance of order. Generally, items ordered from this site are shipped out 24-48 hours from the time that the order was submitted. To cancel an order placed before acceptance email is generated, please contact customer service as soon as possible.
12. RESPONSIBLE USE AND CONDUCT
By visiting this Website and accessing the Materials, you agree to use these Materials only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You hereby agree that:
a. All Omura products are intended for use with authorized Omura system whole flower cartridges and contain heating elements and sensitive mechanics. The use of foreign combustibles or other unintended materials may result in damage to the contents of the product or degradation of the materials and mechanics within the product. Any warranty, express or implied, shall be voided by improper use.
b. In order to access our Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date.
c. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Materials. Accordingly, you are responsible for all activities that occur under your account/s.
d. Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.
e. Engaging in any activity that disrupts or interferes with our Materials, including the servers and/or networks to which our Materials are located or connected, is strictly prohibited.
f. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.
g. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
h. We may provide various open communication tools on this Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
13. LIMITATION OF WARRANTIES
By using this Website, you understand and agree that all Materials we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i. the use of our Materials will meet your needs or requirements.
ii. the use of our Materials will be uninterrupted, timely, secure or free from errors.
iii. the information obtained by using our Materials will be accurate or reliable, and
iv. any defects in the operation or functionality of any Materials we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v. any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi. no information or advice, whether expressed, implied, oral or written, obtained by you from Omura or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
vii. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE PRODUCT WARRANTY, OMURA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THIS WEBSITE OR OMURA PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OMURA OR THROUGH ANY OMURA PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
viii. OMURA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND OMURA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to indemnify, defend, and hold harmless Omura and its parent company, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of this User Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
15. LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Omura will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Materials, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
16. CALIFORNIA PROPOSITION 65
Omura is committed to complying, and having its retailers and partners comply, with all applicable laws and regulations. California’s Proposition 65 law requires businesses to notify consumers about the presence of chemicals on the Proposition 65 list, and so Omura complies with this law by providing these notifications on its products.
Proposition 65 is not a product safety law, but a notification law and it applies to virtually all products sold in California. You will notice Proposition 65 warnings on our products as one or more chemicals used in our products are present in the list of chemicals subject to Proposition 65 warning requirements. This does not make the products unfit or unsafe for use, but the warning is in our compliance with applicable state laws. For more information, go to www.P65Warnings.ca.gov.
17. INTELLECTUAL PROPERTY
All content and materials available on Omura, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Omura, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Omura.
18. TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Materials with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Materials we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
19. GOVERNING LAW
This Website is controlled by Omura from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Los Angeles, California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
In the event of any dispute with Omura, you agree to first contact us via email at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Omura has not been able to resolve a dispute it has with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with this User Agreement, shall be settled by arbitration in Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall pay its own costs and fees associated with attorneys, the expenses of its witnesses and all other expenses associated with presenting its case; however, you and Omura agree that, except as may be prohibited by law, the arbitrator may in his or her discretion, award reasonable attorney’s fees to the prevailing party.
Nothing in this section shall be deemed as preventing Omura from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
21. CLASS ACTION WAIVER
Both you and Omura waive the right to assert any claims against the other as a representative or member in any class or representative action, except where such waiver is prohibited by law. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that (1) the prevailing party shall not be entitled to recover attorney’s fees or costs associated with pursuing the class or representative action and (2) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
22. ENTIRE AGREEMENT