Access to and use of Osmoda's ("Osmoda" "we" "us") website(s) (our "Site" or "Sites") and the products and services available through our Sites (collectively, the "Services") are subject to the following terms, conditions, notices and any other rules posted on our Sites (collectively the "Terms of Service").
By using the services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. Please read the Terms of Service carefully before placing any orders on our Sites. We may modify the Terms of Service from time to time and you should check our Site regularly to take notice of any changes we have made to the Terms of Service. If you do not agree to any change made to the Terms of Service, you must stop using our Sites immediately.
Osmoda is a trading name of Osmoda Limited, a company registered in Ireland. Our registration number is 499785, and our registered address is 6 Morehampton Road, Donnybrook, Dublin 4, Ireland. Our Irish VAT number is IE 9811619W.
Access to our Sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Sites
To use some of the services or features made available to you on our Sites you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please update your account with your current information and if you cannot update your account information please contact our customer service firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We require you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Osmoda cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Eligibility to Purchase
In order to make purchases on our Sites you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
Our Sites are available only to individuals and others who meet the Osmoda terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Osmoda, whose applications are acceptable to Osmoda and who have authorized Osmoda to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Osmoda reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Osmoda feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Osmoda will be completed when we email you to confirm the goods have been dispatched.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Service.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from our Sites whether or not that merchandise has been sold, removing, screening or editing any materials or content on our Sites, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Osmoda will store a record of your transactions.
Prices shown on our Sites are in GBP or Euros and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site.
All prices and offers remain valid as advertised from time to time. The GBP or Euros price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only and Import duty or tax costs will be invoiced to you directly from UPS or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, Diners, Laser and Maestro debit and credit cards, and any other methods which may be clearly advertised on our Sites from time to time. Payment will be debited and cleared from your account upon dispatch of your order by us. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Osmoda, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Sites secure. All credit/debit card transactions on this site are processed using Realex, a secure online payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple, and secure, Osmoda uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our Sites.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
Insurance and Delivery
Osmoda insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Osmoda, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Osmoda are not responsible for any delays caused by destination customs clearance processes.
Returns and Exchanges
CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS
If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within 7 working days of receipt. Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Customer Care Department, Osmoda, 104 Estcourt Road, Watford, Hertfordshire, WD17 2PR, or by email to: email@example.com
For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: Osmoda, 104 Estcourt Road, Watford, Hertfordshire, WD17 2PR. All items must be returned unused and in their original condition, from the original delivery country.
We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.
Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within 7 working days of receiving the order, by email or post as described above, i.e. before requesting your RMA through your Osmoda account.
Our free collections service (see below) is not available for orders cancelled under the DSRs.
RETURNS AND EXCHANGES USING OUR FREE COLLECTION SERVICE
As an alternative to using your rights under the DSRs, you may prefer to return or exchange items using our free returns and exchanges collection service. You must request your Returns Merchandise Authorization (RMA) number within 7 days of order receipt, and return your unwanted items within 7 days of receiving your RMA number, for a refund of the value of the item only, or an exchange for the same item in a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.
Please refer to our Returns & Exchanges policy for further information.
Shipping is complementary on the replacement item, but exchanges made to destinations outside of the UK will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. See costs for Shipping
Please note our free collection service is not available for orders cancelled under the DSRs.
Items should be returned unused and with all Osmoda and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
Please email firstname.lastname@example.org if any of your purchases have been delivered without brand tags.
All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.
All shoes should be tried on a carpeted surface before wear.
Lingerie & Swimwear
Briefs, swimming costumes and bikini bottoms should be tried on over underwear. Returns may not be accepted if items appear to have been worn without underwear or if items are soiled or dirty, and may be sent back to the customer.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colors of our products that appear on Osmoda. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
Intellectual Property Rights
Your use of our Sites and their contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Osmoda Software and all HTML and other code contained in our Sites or used in our Services. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on our Sites are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by both Osmoda and, where necessary, its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on our Sites are in no way associated, linked or affiliated with Osmoda and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on our Sites are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Osmoda.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on our Sites. Osmoda tries to ensure that the information on this site is accurate and complete. Osmoda does not promise that Osmoda's Content is accurate or error-free. Osmoda does not promise that the functional aspects of our Sites or Osmoda's Content will be error free or that our Sites, Osmoda Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Osmoda and we accept no responsibility for any such views expressed in any media.
Osmoda do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Osmoda be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Osmoda reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way. If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.
Submission of material
By submitting any material to us, you automatically grant Osmoda the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also acknowledge that Osmoda is not obliged to publish any material submitted by you on any Osmoda publication.
We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
By posting you agree to be solely responsible for the content of all information you contribute. Comments may be moderated and may take up to 72 hrs to be displayed but Osmoda does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail email@example.com. Osmoda reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, or improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
In certain circumstances Osmoda may also share your contribution with trusted third parties.
Failure to comply
If you fail to abide by these Terms of Service you may be sent an email, which informs you why your contribution has been refused or edited. Osmoda reserves the right to take action against your account or accounts, including, but not limited to deleting, removing or suspending your account.
This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of our Sites. Osmoda reserves the right to delete any contribution, or take action against any account on our Sites, at any time, for any reason.
If you do not want to grant Osmoda the permission set out above on these terms, please do not submit or share your contribution to our Sites.
No Commercial Use
Our Sites are for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within our Sites. You may not use our Sites, or any of their Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of our Sites and for all of your communication and activity on and pursuant to our Sites. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Service, we may deny you access to our Sites on a temporary or permanent basis.
You must not misuse our Sites. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of our Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our Sites. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Osmoda will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on our Sites, or on any website linked to our Sites.
Linking to our Sites
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page. We reserve the right to withdraw linking permission without notice.
Third Party Sites
We may include hyperlinks on this Site to other websites or resources operated by parties other than Osmoda, including advertisers. Osmoda has not reviewed all of the sites linked to our Sites and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include:
1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
2. Certain remedies if a product is defective; and
3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the Terms of Service is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
Limits on our Liability
The material displayed on our Sites is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Osmoda and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our Sites or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in the Terms of Service is intended to affect your rights under the law (see "Your Rights" above). We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms of Service where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us, Osmoda, harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms of Service by you, including the use by any other persons accessing our Sites using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Osmoda as a result of the Terms of Service or your use of our Sites. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Osmoda, and we shall not be liable for any representation, act, or omission on your part.
You agree to indemnify, defend and hold harmless Osmoda, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of our Sites or your breach of the Terms of Service.
Osmoda shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of our Sites.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach the Terms of Service and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Service.
The Terms of Service together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.