Terms of service

OVERVIEW

This website is operated by XUYILONGCROSSBORDERLTD, trading as Omotema. Throughout the site, the terms “we”, “us” and “our” refer to XUYILONGCROSSBORDERLTD. XUYILONGCROSSBORDERLTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service and the policies referenced herein. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the website or use any services. Any new features or tools added to the current store shall also be subject to these Terms. We may update these Terms by posting changes on this page, and your continued use of the website constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose or, in using the Service, violate any laws in your jurisdiction, including copyright laws. You must not transmit worms, viruses, or any code of a destructive nature. A breach or violation of these Terms will result in an immediate termination of 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 over various networks and adapted to technical requirements. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or access to the Service without our express written permission. Headings are for convenience only and do not limit these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources. Any reliance is at your own risk.

This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify site contents at any time, but have no obligation to update information. You are responsible for monitoring changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part or content thereof, without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online and may have limited quantities. They are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of products shown in our store, but cannot guarantee that your monitor display will be accurate.

We reserve the right, but are not obligated, to limit sales of products or Services to any person, geographic region, or jurisdiction, and to limit quantities. Product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

We do not warrant that the quality of products, services, information, or other material purchased or obtained by you will meet your expectations, or that errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household, or order, including orders using the same customer account, credit card, billing address, or shipping address. If we change or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided. We may limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information and to promptly update your information, including email address and payment details, so that we can complete transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have control or input. Such tools are provided “as is” and “as available” without warranties, representations, conditions, or endorsement. We have no liability arising from or relating to your use of optional third-party tools. Any use is at your own risk and discretion, and you should review the relevant provider’s terms. New services and features shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our Service may include third-party materials and links to websites not affiliated with us. We are not responsible for examining or evaluating third-party content, accuracy, materials, websites, products, or services and have no liability for them. Please review third-party policies before engaging in any transaction. Complaints regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send submissions, ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise, you agree that we may edit, copy, publish, distribute, translate, and otherwise use them in any medium without restriction. We have no obligation to keep comments confidential, pay compensation, or respond.

We may monitor, edit, or remove content that we determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or violates intellectual property rights or these Terms. You agree that comments will not violate third-party rights, contain unlawful, abusive, or obscene material, include malware, use a false email address, impersonate another person, or mislead us or third parties. You are solely responsible for comments you make and their accuracy.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Information on our site or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions, change or update information, or cancel orders if information is inaccurate at any time without prior notice, including after you submit an order.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit unlawful acts; (c) to violate applicable laws or regulations; (d) to infringe intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features of the Service, related websites, other websites, or the Internet. We reserve the right to terminate access for violating prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that use of our service will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable. The service and products delivered through the service are provided “as is” and “as available” without warranties or conditions of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall XUYILONGCROSSBORDERLTD, trading as Omotema, or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors, subcontractors, or employees be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, or replacement costs, arising from your use of the Service or products, to the maximum extent permitted by applicable law. Where a jurisdiction does not allow exclusion or limitation of liability, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless XUYILONGCROSSBORDERLTD, trading as Omotema, and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, arising from your breach of these Terms or violation of any law or third-party rights.

SECTION 15 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, it shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

Obligations and liabilities incurred before termination survive termination. These Terms are effective unless and until terminated by you or us. We may terminate this agreement at any time without notice if, in our sole judgment, you fail or are suspected of failing to comply with any term or provision, and you remain liable for amounts due up to the termination date.

SECTION 17 - ENTIRE AGREEMENT

Failure to exercise or enforce any right or provision does not constitute a waiver. These Terms and policies or operating rules posted on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding prior agreements, communications, and proposals. Ambiguities shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws of England and Wales, consistent with the registered and operating location of XUYILONGCROSSBORDERLTD.

The courts of England and Wales shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these Terms or the Service, except that nothing in this section limits any mandatory consumer protection rights or any right to bring a claim in another court where applicable law requires it. Before commencing formal proceedings, the parties should first attempt in good faith to resolve the dispute by contacting us at the address or email in Section 21.

SECTION 19 - SANCTIONS AND EXPORT CONTROLS

You must comply with all applicable sanctions, export-control, customs, and trade laws and regulations, including those applicable in England and Wales and any other jurisdiction relevant to your use of the Service, purchase, payment, delivery, or receipt of products.

You represent and warrant that you are not located in, ordinarily resident in, organized in, or acting on behalf of any country, territory, person, or entity subject to applicable sanctions or trade restrictions, and that you are not listed on any applicable sanctions or restricted-party list. You must not use the Service or our products to evade, circumvent, or facilitate the violation of sanctions or export controls, or for any prohibited end use.

We may refuse, cancel, delay, or suspend any transaction, shipment, or access to the Service where we reasonably believe it may violate applicable sanctions, export controls, or other trade restrictions. We may request information needed for compliance and may report or disclose information to competent authorities where required or permitted by law. Any payment, order, or delivery is subject to applicable legal and regulatory restrictions.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically. Continued use of our website or the Service following the posting of changes constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service, complaints, or notices should be sent to support@omotema.com.

Legal entity / operating business: XUYILONGCROSSBORDERLTD, trading as Omotema

Registered and operating address:
Office Suite 29A, 3/F
23 Wharf Street
London, England
SE8 3GG
United Kingdom

For formal legal notices, please use the email and address above.