Terms & Conditions
USE OF SITE
Thank you for visiting the www.oujeer.com website (“Website”).
The use of the Website, which is owned by Oujeer LLC, a company with offices at 1603 Capitol Ave. Suite 310 Cheyenne, WY 82001, is subject to the following terms and conditions (“Terms”). Oujeer may revise these terms at its sole discretion by updating this section, with the revised terms taking effect for all users as of the date stated in the section.
Please read these terms carefully before using the site and, if you decide to provide your personal data to Oujeer, also read carefully and accept the Privacy Policy regarding the collecting and processing of your information and personal data by Oujeer.
NO WARRANTIES
The content included in the Website may contain technical inaccuracies or typographical errors. Oujeer assumes no liability for the accuracy and/or fitness for particular purposes of any information and elements contained in the Website. By furnishing the information and elements contained in the Website, Oujeer grants no licenses to any copyrights, trademark rights or any other intellectual property rights on the information and elements contained in the Website.
In no event will Oujeer be liable to any party for any direct, indirect, special or other consequential damages for any use of the site or any other hyperlinked websites, including, without limitation, damages such as loss of profits or sales, interruption of business or professional activity, the loss of programs or other data, of whatever nature, on the user’s information processing system even if Oujeer is made expressly aware of the possibility of such damages.
INFORMATION AND MATERIALS SUBMISSION
You agree that any and all information and materials, including, but not limited to, any data, questions or answers, comments, suggestions, which you transmit to Oujeer through the Website, by electronic mail or otherwise, shall be considered and treated as non–confidential and non–proprietary by Oujeer, except for your personal data which shall be collected and treated by Oujeer in accordance with the “Privacy Policy“.
By transmitting information and materials to Oujeer, you automatically grant Oujeer a worldwide, royalty-free, perpetual, irrevocable and non-exclusive right to use such information and materials including the right to reproduce, copy, publish, edit, translate, modify, communicate, distribute and display such information and materials, alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone, without compensation to you or any other person, for any title, reason or cause.
Further, with regard to such information and materials transmitted by you, Oujeer has an unlimited and irrevocable right to use any idea, concept, know-how or technique contained, expressed or implied in such information and materials, for any purpose, without any compensation to you or any other person, for any title, reason or cause.
By transmitting any information or materials to Oujeer, you represent and warrant that no Submission made by you breaches the rights of any third party.
LINKS
Oujeer is in no way liable for the availability or any content of any websites accessible by means of the Website. When accessing a website through the Oujeer Website you acknowledge that such site is independent of the Oujeer Website. Oujeer has no control over the content of any website accessible by means of the Website. Further, the presence of a link to a website other than the Oujeer Website does not imply acceptance of liability by Oujeer for the content or the use of such a website. It is your exclusive responsibility to take all necessary precautions to ensure that whatever element or material you select for your use is free of destructive items such as viruses, worms, “Trojan horses” or similar.
After you submit a Submission (as defined below) on Instagram, you will have the chance to have your photographs, video, etc. appear on the dedicated area of the Website. Oujeer reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Website. You acknowledge and agree that Oujeer has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Website.
Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audiovisual recordings, graphics, music, and sound), or other information you provide to us by using the #Oujeerman or #Oujeerwoman hashtag in a post on Instagram tagging @Oujeer (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Instagram, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, Instagram, and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, Instagram, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws. You acknowledge that Oujeer is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.
When you make a Submission using the #Oujeerman or #Oujeerwoman in a post on Instagram or tag @Oujeer, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Oujeer without restriction. You represent and warrant that your provision of Submissions complies with all applicable laws, rules and regulations, Instagram’s Terms of Use, and any third party agreements to which you are subject. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission.
COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
The Website as a whole, and any single element on this Website, is protected by copyright, trademark rights, and the other intellectual property rights either owned by Oujeer or by the companies controlled by, or affiliated to, Oujeer, or licensed to Oujeer. Such elements include, among others, photographs, designs, testimonials, images, texts, video and audio clips, logos, trademarks, and software programs used for the management and development of the Website. The elements contained in the Website are reproduced for information and/or promotional purposes only. The Website is for personal use only. You may download or copy the elements contained in the Website for personal use only, not for commercial or other purposes. As a consequence, you are not entitled to reproduce, copy, publish, transmit, distribute, modify, cancel and, in general, to perform any other activity using the elements contained in the Website (including any software used for the management and/or development of the Website) for any purposes, other than for personal use.
TERMINATION
These Terms, and the use of the Website itself, shall be exclusively governed by the laws of the United States without regard to their conflicts of law provisions. Any disputes concerning the interpretation and execution of these terms of use of the Site, or the use of the Site itself, shall be referred exclusively to the competent courts of Wyoming, United States.
GENERAL PROVISIONS
These Terms, and the use of the Site itself, shall be exclusively governed by the laws of the USA without regard to their conflicts of law provisions. Any disputes concerning the interpretation and execution of these terms of use of the Site, or the use of the Site itself, shall be referred exclusively to the competent courts of Wyoming, United States.
TERMS AND CONDITIONS OF SALE
DEFINITIONS
This Website is operated by Oujeer LLC, a company with offices at 1603 Capitol Ave. Suite 310 Cheyenne, WY 82001. The use of the following terms; “Us”, “We”, “Our” refers to Oujeer International Ltd. The terms “You”, “Your” and “You’re” are references to users of this website and customers of www.oujeer.com.
1. TERMS OF USE
1.1 Use of this Site confirms your agreement to both General Terms and Conditions as well as Terms and Conditions of Sale applicable to this online shop.
1.2
We reserve the right to change at our discretion these Terms and Conditions at any time and continued use of this website will be construed as your acceptance of any new terms. If these terms and conditions are changed in any way the date at which they were last updated will be featured at the bottom of this page. The version published on the Site is the version currently in force. Oujeer invites you to periodically read the Terms and Conditions to ensure you are fully informed of any relevant and applicable changes
1.3
By using this website you agree that it is for your own non-commercial use and that whilst a visitor to this site you will not use it to infringe, restrict or abuse the rights of others, or distribute material of an illegal nature including but not restricted to obscene, defamatory, racist, xenophobic, homophobic or other discriminatory or derogatory material or material which by its nature is spam or designed for the promotion of another organization.
1.4
You also undertake that you will not gain or attempt to gain access to our information technology systems to distribute any form of malicious software designed to affect our own information technology systems or that of any other website user. Whilst we have taken the necessary precautions to protect Oujeer from malicious software, we cannot be held responsible should a third party implement any form of malicious software on the website and the resulting effects this may have on our users. We reserve the right to withdraw access to the website at our discretion if we feel an individual is in breach of our terms and conditions. As well as report to the police where necessary, the details of any user who may be criminally liable under the Computer Misuse Act 1990.
1.5
The use of this website infers an agreement to observe all relevant intellectual property rights, trademarks, copyrights, and patents of ours.
1.6
We reserve the right to change or remove any part of this website or the entire website itself at any time without notice. We also reserve the right to make the website unavailable in whole or part at our discretion without notice.
2. LIABILITY
Whilst we will make every effort to ensure that our website meets the requirements set forth we can in no way be held liable except where mandated by law for losses or damages caused by the use of the Oujeer online shop or any dealings with us. This does not extend to liabilities which we cannot be excluded from under all applicable legislation.
3. INDEMNITY
You agree through the use of this website to indemnify, defend and hold harmless Oujeer, its employees, directors, agents, partners, licensees, and any affiliated party from any liability through your own breach of these terms and conditions or illegal activity in relation to the use of this website.
4. WAIVER
If we do not take legal action whether it be criminal or civil against any party for breach of these terms and conditions, this does not affect our right to do so in future against the same or different parties, whether it be for breaches of a similar or differing nature.
5. YOUR ACCOUNT
Our online store operates a guest login and user account scheme. This means that when you purchase goods from us you can choose to do so by either creating a permanent user account or not.
5.1
We reserve the right to refuse access to the website, amend and remove content, and cancel orders at no cost to you.
GOODS, PRICING, AND PROMOTIONS
6. GOODS – GUARANTEE OF AUTHENTICITY
All goods offered for sale on this website are official Oujeer merchandise sold and we, therefore, guarantee the authenticity of the Goods purchased on this Website. We aim to ensure all goods are represented fairly and accurately. As such we are unable to take responsibility for any technical issues customers may have that cause an item to appear differently than it actually is.
7. PRICING
All prices on our website are in United States Dollar(USD) unless otherwise stated. All charges will be made in United States Dollar(USD) and where applicable this will then be converted to your local currency at the exchange rate applied by your card provider. We reserve the right to change, amend or alter the price of goods on this website at any time without notice. All prices displayed on the website are exclusive of Sales Tax at the rate applicable at the time of purchase. Please note that the final order cost is exclusive of any local import duties or taxes applicable to countries outside the USA.
8. SALES TAX REFUNDS
As an online retailer, we are not legally able to participate in the USA VAT refund scheme for orders delivered outside the USA.
9. PROMOTIONS
On occasion, there may be promotional offers on goods available for sale. We withhold the right to extend, change or withdraw any promotion at any time without further notice.
PAYMENT
10. CARD PAYMENT
The Oujeer online store accepts payment by Visa, Visa Debit, MasterCard, American Express, and PayPal.
11. CARD PAYMENT PROCESSING
All card payments will be processed by our partner Stripe. We will only take payment from your account once we have despatched your order in part or full and only for the value of the goods despatched. For Contact to Order goods, on confirmation of your order, a deposit of a third of the full value of the order will be taken on your credit card, with the balance of payment due prior to despatch.
CONTRACT AND CANCELLATION
12. THE CONTRACT AND CONTRACT CANCELLATION
The offer of goods on this website or the acknowledgment of having received your request for an order does not amount to a contractual offer on our part. Acceptance of your order and the implied contractual offer will be confirmed by us via email once we despatch your order in part or full. The acceptance of your order will only pertain to the goods named within the email confirming despatch of your goods. We reserve the right not to accept your order, entirely or partially, for any commercial reason whatsoever.
13. CANCELLATION POLICY
Under the USA Distance Selling Regulations, you have up to 14 working days after you have received your delivery to cancel your order (other than in respect of goods made to your specification or have been personalized for you). Any delivery charges will be refunded. However, if only part of your order is canceled, the delivery charge will not be refunded.
To cancel this contract, you need to do so in writing. Please email our customer care department sales@oujeer.com stating the order number and giving your clear instruction to cancel the order.
If you have contacted us to cancel your order before you have received your goods, unless cancellation takes place within 30 minutes of your order placement, your canceled order may already be picked and will be delivered to you. Please refuse any delivery of canceled goods or arrange for them to be couriered back to us by contacting our customer care team at sales@oujeer.com
In the meantime, you must take reasonable care of the Goods. Oujeer will approve the return of the Goods only if the Goods sent back to Oujeer are in perfect condition, new, unused, and with all tags and labels attached. In such a case, Oujeer will reimburse the price originally paid by crediting the refund to the card/payment method you originally used to pay for the Goods, within approximately fourteen (14) days from the date of receipt of the returned Goods unless possible delays of a technical nature occur that are not attributable to Oujeer.
On the contrary, if the Goods appear to be worn or used, any of the labeling or tags are missing, do not comply with these General Terms and Conditions of Sale or Oujeer has any reason to believe that the Goods have been altered or are an imitation of the Goods or were not purchased directly through the Site, Oujeer will not accept the return and will return the goods back to you.
DELIVERY, RETURNS, AND REFUNDS
14. DELIVERY
We aim to deliver in the quickest time possible and delivery timings will be provided for your country at checkout. Please note that in certain exceptional circumstances events beyond our control (known as force majeure) may prevent our couriers from delivering within a guaranteed time period.
15. ORDER TRACKING
Once an item has been despatched by us you can track the progress via the courier website using the link provided in your despatch confirmation email.
16.0 REFUND AND RETURNS POLICY
16.1 RETURNS POLICY
After receiving your goods you have 14 days within which to return them should you wish.
16.2 RETURNS PROCESS
All goods to be returned must be in the condition in which they were received, complete with all the original packaging, labeling, security tags and the appropriate returns documentation (including the original commercial invoice that you received with your goods as well as the new commercial invoice for the return journey). We cannot accept returns where the security tag has been removed. Goods must be sent by our free courier service arranged by contacting our customer care team. We recommend that you keep your courier collection receipt when returning all goods, as we cannot be held responsible for goods lost or stolen before they are received by us.
16.3 RETURN OF FAULTY ITEMS
If an item you receive turns out to be faulty you are entitled to a full refund. Please return all goods to us with the appropriate documentation clearly marking the relevant fields.
16.4 NON RETURNABLE GOODS
We are unable to accept returns of personalized or customized goods. These provisions do not affect your statutory rights.
16.5 LOST RETURNS INFORMATION
If you have mislaid the returns documentation please contact our customer care team with all the details you do have.
Please note all deliveries, returns, and customer queries are managed by our logistics partner ILG Limited. Please only return goods using the procedure outlined above. Returns cannot be accepted at any other address associated with Oujeer or any of the Brands associated with the event or that are offered for sale on this website.
16.6 REFUNDS
Once we have received your goods and processed your refund you will receive an email confirmation from us.
16.7 REFUND PROCESS
Refunds will usually be processed by us within 14 days of our receipt of the returned goods and will be made to the same payment card used to pay. However please clarify with your payment provider or bank how long they will take to process the refund as this is beyond our control.
17. GUARANTEES
We guarantee that all goods offered for sale on this website will be as described accurately and fit for the purpose described without fault in their design or manufacture.
18. FAULTY GOODS POLICY
If for any unforeseeable reasons an item purchased from us does have a fault then we will refund the item at no cost to yourself.
19. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by US law. Any dispute related to the validity, interpretation and/or execution of these General Terms and Condition of Sale shall be subject to the exclusive jurisdiction of the Court of Ticino or, if applicable, of the competent court of the place of your habitual place of residence or domicile..
RUSSIAN TERMS & CONDITIONS
Orders to Russia are bound by the below terms and conditions.
DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS (“T&C”)
These Terms & Conditions are applied to services provided by Express Carrier DHL Express in respect of the delivery of Express Shipments for personal use.
1. Terms used herein:
Express Carrier: DHL Express is represented within the Russian Federation by two entities, DHL International ZAO and DHL Express OOO. DHL Express, as well as third parties, work together to deliver Express Shipments internationally and perform customs operations in respect of Express Shipments.
Customs Broker means DHL Express OOO performing customs operations in the name and on behalf of the customs applicant and other interested parties in accordance with the customs laws of the Customs Union.
Express Shipment means goods shipped in express mode by any means of transportation using electronic shipment organization and tracking system on www.dhl.ru website to deliver those goods to the Consignee pursuant to an individual waybill within the shortest possible and/or fixed period of time.
Shipper means a legal entity, normally an online store that handed Express Shipments over to the Express Carrier for delivery.
Consignee means an individual consignee of Express Shipment specified in the DHL Express waybill.
2. T&C Subject Matter
2.1. These T&C are a public offer and form a consensual type Delivery and Customs Operations Agreement in respect of Express Shipments by and between the Shipper/Consignee, the Express Carrier, and the Customs Broker (“Agreement”).
2.2. The consignee of Express Shipments accepts the provisions of this Agreement for themselves and for other directly or indirectly interested parties, including the Shipper, by pressing a button, ticking a box or putting any other sign in the box “I accept terms and conditions of the Public Offer,” as well as/or by any other means of actual confirmation of their consent when ordering goods at the Shipper’s website.
3. DHL Express Network Terms and Conditions of Carriage
3.1. The Shipper and the Consignee acknowledge that normal DHL Express Delivery Terms and Conditions apply to the carriage of goods via DHL Express network; the key provisions thereof that are essential for the Consignee are listed below:
Deliveries and Undeliverables
Shipments cannot be delivered to PO box address or postal codes only. Shipments are delivered to the Consignee’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area precisely. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay for a delivery, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment is transferred to DHL and may be sold by DHL without incurring any liability whatsoever to Shipper or anyone else, with the proceeds of sale fewer service charges and related administrative costs to be returned to Shipper.
Inspection
DHL has the right to open and inspect Shipments without notice.
Liability
DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, however, these schedules are not binding and do not form part of this Agreement. DHL is not liable for any damages or losses caused by delays.
Certain services have a money-back guarantee which provides for a credit or refund for delay of all or part of the Shipment’s transport charges in some cases. The Money-Back Guarantee Terms and Conditions are available on the DHL website (www.dhl.com) or from DHL Customer Service.
Circumstances Beyond DHL’s Control
DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if made known to DHL; any act or omission by a person not employed or contracted by DHL, e.g. Shipper, Consignee, third party, customs authorities or other government officials; “Force Majeure”, e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
International Conventions
If Shipments are transported by air and involve an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit DHL’s liability for shipment loss or damage.
Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment, and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
3.2 Full text of the текст DHL Express Network Terms and Conditions of Carriage is available on www.dhl.ru website.
4. Customs Operations Terms & Conditions
4.1. Customs Broker:
4.1.1 may perform customs declaration of Express Shipments;
4.1.2. may pay customs and other fees, including interest and penalty, in respect of the goods declared by the Customs Broker in the name and on behalf of the Consignee in accordance with the procedure established in the applicable laws;
4.1.3. shall inform the Consignee of the date of the goods arrival to the temporary storage facility (TSF) by fax or email;
4.1.4. shall perform other actions stipulated in the customs laws of the Customs Union and the Russian Federation as necessary to perform the customs operations as a person authorized by the Consignee to act in respect of the declared Express Shipments.
4.2. The Consignee shall provide comprehensive and accurate details and documents to perform declaration of the Express Shipments as stipulated in the customs laws of the Customs Union and the Russian Federation and provide additional documents at the Customs Broker’s request.
All the documents required to declare the goods should be provided within ten (10) calendar days from the moment the goods arrive at the TSF.
4.3. The Consignee would take of formalities related to the frequency of receiving shipments at his own risk and cost
4.4.The Shipper and the Consignee guarantee that they have legal authority or other legal grounds for the Customs Broker to perform legally relevant actions on their behalf and shall be fully liable for providing comprehensive and accurate information in respect of the Express Shipments.
5. Liability of the Parties
5.1. The Consignee shall be liable for penal sanctions imposed on the Customs Broker as a result of the latter’s breach of customs regulations due to the Consignee’s failure to provide comprehensive and/or accurate information and documents, including inconsistencies in transported goods to their accompanying documents in terms of their name, quantity, other characteristics affecting due declaration, as well as the Consignee being late in providing those documents and information; and in that case, the Consignee shall reimburse the Customs Broker all the amounts of such sanctions against a separate invoice.
5.2. The Customs Broker shall not be liable for lost profits or other consequential and contingent damages of the Consignee even if such damages are foreseeable or have been made known to the Customs Broker or the Customs Broker could or should have known about them.
5.3. The Parties shall be released from liability for full or partial non-performance of their respective obligations hereunder if it became a result of Force Majeure circumstances and those circumstances directly affected the performance of this Agreement.
6. Service Fees and Payment for Customs Operations:
6.1. Service fees are determined based on the Customs Broker’s rates as of the invoice date, including amounts of customs and other fees paid by the Customs Broker while providing services hereunder.
6.2. The Consignee must pay for the Customs Broker’s services.
6.3. The Customs Broker reserves the right to withhold any goods of the Consignee at the latter’s expense until the Customer Broker’s services provided to the Consignee hereunder are paid in full.
7. General Provisions
7.1. Should the T&C and/or Agreement text change, the Parties agree to apply the T&C effective as of the date of consent specified in Clause 2.2
