Terms of Service

Terms of Service

OVERVIEW
This website is operated by Byronbaywear. Throughout the site, the terms "we," "us," and "our" refer to Byronbaywear.com. Byronbaywear offers this website, including all of the information, tools, and services available on this site, to you, provided that you agree to all of the terms, conditions, policies, and notices set forth herein.
By visiting our site and/or purchasing something from us, you participate in our 
"Service" and agree to be bound by the following terms and conditions ("Terms of Service",
"Terms"), including additional terms and conditions and policies that are referenced and/or available via hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, browsing users, suppliers, customers, merchants, and/or content contributors.
Please read these Terms of Service carefully before accessing or use our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and terms of this agreement, you may not access the website or use any services.
If these Terms of Service are considered an offeracceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You may review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check periodically this page for any changes. Continued use of or access to the website after any changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. which provides us with an online e- commerce platform that allows us to sell our products and services to you.

SECTION 1 - CONDITIONS OF THE ONLINE STORE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province of your residence, or that you are of legal age in the state or province of your residence and that you have given us consent to allow all of your minor dependents to use this site.
You may not use our products for illegal or unauthorized purposes or violate any laws in your jurisdiction using the Service (including but not limited to copyright laws).
You must not transmit worms, viruses, or code of a destructive nature.
A violation of any of the Terms will result in immediate termination your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to adapt to the technical requirements of connecting networks or devices. 
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of or access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
The titles used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND UPDATING OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The materials on this site are provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the materials on this site is at your own risk.
This site may contain historical information. The historical information, necessarily, are out of date and are provided for reference only. We reserve the right to change the contents of this site at any time, but we are  no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - SERVICE CHANGES AND PRICING
Prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third party for any changes, price changes, suspensions or interruptions of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable).
Some products or services may be available exclusively online through the website. Such products or services may have limited quantities and may be returned or exchanged only in accordance with our return policy.
We have made every effort to show as accurately as possible the colors and images
Of our products in the store. However, we cannot guarantee that the display of any color on your computer monitor is accurate.
We reserve the right, but are not obligated, to restrict the sale of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.
Any offer for any product or service on this site is void where prohibited.
We do not guarantee that the quality of products, services, information, or other materials purchased or obtained will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - BILLING ACCURACY AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per person, for household or by order. These restrictions may include orders placed from the same customer account, with the same credit card, and/or orders using the same billing and/or shipping address.
In the event that we make changes or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing/phone address provided at the time of your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be carried out by dealers, distributors or retailers.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to update timely your account and other information, including e-mail address, phone number, and credit card numbers and expiration dates, so that we can complete transactions and contact you if necessary.
See our return policy for more information.

SECTION 7 - OPTIONAL TOOLS
We may provide you access to third-party tools over which we exercise no control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising from or related to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are aware of and agree to the terms under which the tools are provided by the respective third-party providers. In the future, we may also offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

SECTION 8 THIRD-PARTY LINKS
Some content, products, and services available through our Service may include thirdparty materials.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible  reviewing or evaluating the content or of accuracy, and we do not warrant or assume any responsibility for third-party materials or websites, or for other materials, products, or services.
We are not responsible for any damage or loss resulting from the purchase or from using goods, services, resources, content, or any other transactions made in connection with third-party websites. Carefully review the third party's policies and practices and make sure you understand them before making any transactions. Complaints, requests, concerns or questions regarding third-party products should addressed directly to the third party.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (e.g., contest entries) or, without a request from us, you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively 'comments'), you agree that we may, at any time and without limitation, edit, copy, publish, distribute, translate, and use in any medium any comments you forward to us. We are not and will not be obligated (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but are not obligated to, monitor, edit or remove content that, in our sole discretion, we deem illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or that violates a party's intellectual property or these Terms of Service.
You agree that your comments do not violate any rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that the your comments do not contain defamatory or otherwise illegal, offensive or obscene material, or computer viruses or other malware that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone else, or mislead us or any third party about the origin of any comments. You are solely responsible for any comments you make and for their accuracy. We take no responsibility for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION
The submission personal information through the store is governed by our Policy
PRIVACY POLICY. To view the  Policy, see the relevant section on our website.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions regarding product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. There We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on a related website is inaccurate at any time without notice (even after you have submitted your order).
We assume no obligation to update, modify, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specific update or update date applied in the Service or on any related website should be taken as an indication that all information in the Service or on any related websites have been changed or updated.

SECTION 12 - PROHIBITED USES
In addition to the other prohibitions stated in the Terms of Service, it is prohibited to use the site or its content:
(a)    For illicit purposes;
(b)    To solicit others to perform or participate in unlawful acts;
(c)    To violate local, international, federal, provincial or state regulations, rules, laws or ordinances;
(d)    To infringe our intellectual property rights or the intellectual property rights of others;
(e)    to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f)    To send false or misleading information;
(g)    to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website;
(h)    To collect or track personal information of others;
(i)    To spam, phish, pharm, pretext, spider, crawl or scrape;
(j)    For obscene or immoral purposes; or
(k)    To interfere with or circumvent the security measures of the Service or any related website.
We reserve the right to terminate your use of the Service or any related website for violation of any of the prohibited uses.

SECTION 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results obtained from using the service will be accurate or reliable.
You agree that we may, from time to time, remove the service for indefinite periods of time or cancel it at any time without notice.
You expressly agree that use or inability to use the service is at your exclusive risk. The service and all products and services delivered through the service are provided on an "as is" and "as available" basis, except as expressly stated by us, without any representations, warranties or conditions of any kind, express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non violation.
In no event shall "Byronbaywear," our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensees be liable for any damage, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or damages similar, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any product purchased through the service, or for any other claim related in any way to your use of the service or any product, including but not limited to errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of the possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited in the Maximum extent allowed by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Byronbaywear and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable legal fees, made by third parties because of your violation of these Terms of Service or documents they refer to, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY CLAUSE
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by the applicable law, and the inapplicable part will be considered separate from
these Terms of Service, such determination shall not affect validity and enforceability of the remaining provisions.

SECTION 16 - RESOLUTION
The obligations and liabilities of the parties contracted prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you stop using our site. If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to the Our services (or to part of them).

SECTION 17 - FULL AGREEMENT
Failure to enforce or apply any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any operating policies or rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreement under which we provide services to you are governed by and construed in accordance with the laws of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most recent version of the Terms of Service at any time on this page.
We reserve the right to update, modify or replace any part of these Terms of Service at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Continued use of or access to our website or the
Service after the posting of any changes to these Terms of Service implies acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service can be sent to:

Company Information:
• Website name: Byronbaywear
• Company: OMNI ECOM LIMITED
• Address: RM 509, 5/F THE CLOUD 111 TUNG CHAU ST TAI KOK TSUI HONG KONG
• Contact: info@byronbaywear.com
• Registation Number: 77814991
• Contact Form: Here
• Phone: +31 6 29 57 30 71
• Opening hours:
• Monday - Friday: 09:00 - 17:00 • Saturday and Sunday: Closed