Terms of Service
Effective January 1, 2020
OM Bag Company LLC (“http://www.om-nyc.com”) (DBA: “OM NYC”), a Delaware company, owns and operates this Website. This document is a legal agreement between you and OM Bag Company (“OM NYC”) and governs your relationship with http://www.om-nyc.com (the “Website”). Access to and use of this Website and the products, content, and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service. We may from time to time modify these Terms of Service and will post a copy of the amended Terms of Service at (http://www.om-nyc.com). If you do not agree to, or cannot comply with this Terms of Service as amended, you should not use this Website. If you continue to use this Website after any amendments are posted you will be deemed to have accepted this Terms of Service as amended.
The laws of the State of New York, USA, will govern this Terms of Service. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of this Website will be in the state and federal courts of the State of New York and the venue tor the adjudication or disposition of any such claim, action or dispute will be in the City of New York, New York, USA. All parties to this Agreement waive their respective rights to a trial by jury.
The section headings are for convenience only and will not be used to interpret this Agreement.
You will be responsible for providing the dial-up, DSL, cable modem or other form of Internet access and any other hardware and software necessary to access and use this Site.
In order to use this Website, (i) you must be at least the age of majority in the jurisdiction in which you reside and agree to be bound by this Terms of Service and that you are at least of such age of majority. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, do not attempt to access this Website.
We grant to you a limited, non-exclusive, non-transferable license to access and use this Website. You agree that the limited license grants access to this Website for personal, non-commercial use only. We will not be liable for any reason if this Website or its Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS WEBSITE NOT EXPRESSLY AND SPECIFICALLY PERMITTED UNDER THIS TERMS OF SERVICE IS STRICTLY PROHIBITED.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website for sale or display. We cannot guarantee that your computer monitor’s display of any color will be accurate.
CONTENT, INFORMATION, & COPYRIGHTS
You agree that you will not; (i) use this Website to reproduce any copyrighted material; (ii) store, copy, change, edit, prepare any derivative work of or alter in any way any of the content provided on the Website; or (iii) use this Website in any way that violates the terms of this Terms of Service. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of http://www.om-nyc.com or its licensors or grantors, and are protected by copyright laws and treaties around the world; http://www.om-nyc.com and its licensors or grantors reserve all such rights. You may store, print and display the content supplied on the Website solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan horse, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; 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 this Website. Breaching this provision would constitute a criminal offense and http://www.om-nyc.com 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 this Website or to your downloading of any material posted on it, or on any website linked to it.
If you submit to us or post creative ideas, suggestions, comments, testimonials, reviews, proposals, plans, or other materials, whether online, by email, by postal mail, or any work of authorship (collectively a “Submission”) to us, including, without limitation, Submissions about our products or services or content, such Submissions will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible or liable.
OM NYC products are made available for sale for personal use only and not with the intention of resale. By placing your order, you are certifying that you are purchasing products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation.
In order to contract with http://www.om-nyc.com you must be over 18 years of age and possess a valid credit or debit card issued in your name by a bank acceptable to us. Http://www.om-nyc.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email to the email address provided to us by you and we will confirm the identity of the party that you have contracted with. This will usually be http://www.om-nyc.comor may in some cases be a third party. Where a contract is made with a third party http://www.om-nyc.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale that they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) OUR CONTRACT When you place an order, you will receive an acknowledgement e-mail to the email address provided to us by you confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods, which you ordered, have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) PRICING AND AVAILABILITY Whilst we try and ensure that all details, descriptions, and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods that 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 your order. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Unless otherwise agreed in writing by OM NYC, delivery costs and any state sales tax and local sales tax will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
(c) PAYMENT Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
LINKING TO THIS WEBSITE
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. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page without our express written consent. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO THE OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES, & THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with http://www.om-nyc.com and you should not rely on the existence of such a connection or affiliation. The respective trademark owners own any trade marks/names featured on this Website. Where a trademark 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 http://www.om-nyc.com.
DISCLAIMER OF LIABILITY
THIS WEBSITE AND ITS CONTENT AND SERVICES IS PROVIDED TO YOU “AS IS”. THE MATERIAL DISPLAYED ON THIS WEBSITE 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 HTTP://WWW.OM-NYC.COM 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 THIS WEBSITE 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. THIS DOES NOT AFFECT HTTP://WWW.OM-NYC.COM’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU WILL INDEMNIFY AND HOLD HARMLESS HTTP://WWW.OM-NYC.COM, US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OR MISUSE OF THE SITE.
http://www.om-nyc.com 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 this Website.
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 these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and http://www.om-nyc.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of http://www.om-nyc.com.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF SERVICE, UNDERSTAND IT AND WILL BE BOUND BY THIS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.