Terms & Conditions

The following terms and conditions (the "Agreement") govern all use of the Otury website (the "Site") and the services available on or at the Site (taken together with the Site, the "Service"). The Service is owned and operated by Otury LLC ("Otury"). The Service is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by otury.com – including, without limitation, Shipping, Return Policy, Privacy Policy and others. If you do not agree this Agreement, do not use the Site.

Otury provides a range of services including but not limited to, enabling you to purchase products, receive the benefits of Otury product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer service.


ACCESS

Subject to the terms and conditions of this Agreement, the Service is provided solely for User's own personal use, and not for the use or benefit of any third party, unless the User is an individual certified with an express permission by a corporation, organization or other type of third party to take full responsibility for the selection and use of the Service. If User is not an individual (i.e., a corporation, organization or other type of a third party), or the User is an individual certified with an express permission by a third party to take full responsibility for the selection and use of the Service, correct company name stated on the checkout page is absolutely necessary to ensure successful delivery of your Products. Otury.com may change, suspend or discontinue the Services at any time, including the availability of any feature, or content. Otury.com may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. User certifies to Otury.com that, if User is an individual (i.e., not a corporation) ,User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.


MODIFICATIONS

Otury.com reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via e-mail or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified.


PAYMENTS AND FEES

Otury.com may save Member's credit or debit card information and use it for all future shipments and charges which will automatically be charged to the saved card, unless Member notifies Otury.com through Site or e-mail. Otury.com currently accepts PayPal and following credit cards at this time: None.

When you purchase a Product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time. Changes to our fees are effective after we provide you with at least fourteen (14) days' notice by posting the changes on the Site, e-mail notification, or by other means. We may choose to temporarily change the fees for our services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing as soon as you click on the "confirm" button. You will then receive an e-mail from us. By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment.

We may refuse to process 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 refusing or suspending any transaction after processing has begun. Unless otherwise stated, all fees and payments are quoted in US dollars. User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services.

After receiving your order, you will receive an e-mail from us confirming the details, description and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your Products.


LOCAL TAXES

User is responsible for all sales taxes (as applicable).


SHIPPING AND RETURN

Purchases are subject to otury.com Refund Policy. Restocking fees may apply. The risk of loss and title for Products ordered by Member shall pass to Member upon delivery of the items to the carrier. Otury.com reserves the right, and Member hereby authorizes otury.com to, charge Member for any damages up to the purchase price of the damaged Product(s). Replacement of products and credits to Member's account for Products claimed as damages or not received are subject to otury.com investigation and discretion.

Products Returned By Shipping Provider as Not Received. If the Product could not be delivered to the address you provided and was shipped back to otury.com, otury.com reserves the right, and Member hereby authorizes otury.com to charge Member for any repeat shipping fees up to the purchase price of the returned Product(s).

Damaged Products. If the Product arrives damaged (“Damaged Product”), otury.com will accept returns for a full refund only in accordance with the Return Procedures below. Once otury.com confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.

Return Procedures. All returns must be made within 30 days after the Product shipment date. All returned Products, must be unused and returned in accordance with the instructions received from contacting customer service at info@otury.com. You are solely responsible for the cost of shipping & handling the returned Product, no matter the condition of the Product or the reasoning behind the return. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those products as we see fit in our sole discretion.


DESCRIPTION OF PRODUCTS

Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.

We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design. We use our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.


PURCHASE OF PRODUCTS

Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order confirmation. Any Products on the same order which we have not confirmed in a order confirmation e-mail do not form part of that contract.

Otury.com shall under no circumstances be held liable for any special losses due to specific circumstances of the customer, indirect or consequential losses or wasted expenditure.

Orders are placed and received exclusively via the Site. Before ordering from us, it is Member's responsibility to check and determine full ability to receive the Products. Correct address and post code/zip code, up-to-date telephone number and e-mail address are necessary to ensure successful delivery of your Products. All information asked on the checkout page must be filled in precisely and accurately. Otury.com will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number.

Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact otury.com via e-mail.


DELIVERY

We deliver to most places in the world. Delivery prices may vary depending on delivery location, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Standard delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.

Delivery lead time may vary. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for products that are delivered after the estimated delivery date.

This is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of your product as simple for you as possible.

Depending on the location for the delivery different carriers and services might be used to deliver your order, but all will be well vetted and of proven reliability. The Products will be your responsibility from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.


RELEASE

If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree that otury.com has no control over and does not guarantee the delivery of the advertised collaborations and that otury.com shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.


TRADEMARKS

If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this Site). You shall not reverse engineer any Product or use the Product to create a competitive product. 


INDEMNITY

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.


LAW AND JURISDICTION

If a dispute arises between you and otury.com, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the republic of Latvia. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the nonexclusive jurisdiction of the courts of the republic of Latvia.


GENERAL

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are posted/ sent to User via e-mail or mail.

This Agreement may not be otherwise amended except in a writing signed by you and otury.com. This Agreement sets forth the entire understanding and agreement between you and otury.com with respect to the subject matter hereof.