Last Updated: January 1, 2020
Welcome to overth.com (the “Site”).
This page tells you the terms and conditions on which you may make use of the Site whether as a guest or a registered user.
By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully before you start to use the site.
1. U.S. DOMESTIC RETURNS & EXCHANGES
If you are dissatisfied with your overth.com purchase for any reason, you are welcome to exchange or return item for a full refund.
Only products purchased on overth.com may be returned for a exchange or refund. We cannot accept items purchased from another retail store location or website. Please refer to “returns” via the overth.com site for further details and restrictions.
2. INTERNATIONAL ORDERS
For further information about shipping orders outside the United States, including Canada, and its territories please contact us via email or by phone: 602-699-5982.
Please note local shipping charges may vary and import duties may be payable on receipt of goods by the customer. We are unable to offer any assistance or advice if either issue arises
4. ABOUT OVERTH
overth, LLC (the Company) is the supplier of the goods and our address is overth, LLC, 4600 E Washington Ave, Phoenix 85034. Company registration number: xx-xxxxxxx.
5. PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
6. LAW, JURISDICTION AND LANGUAGE
This contract shall be concluded in English. Your use of this Website and any purchase by you of any goods from the Company shall be governed by American law and the parties hereto submit to the exclusive jurisdiction of the USA courts.
7. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
overth will do its best to ensure that the website is available and functions correctly at all times, but we make no warranties as to the availability or accessibility of the website, and we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the website.
8. INTELLECTUAL PROPERTY
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of overth, LLC. Online, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
9. THIRD- PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
10. LIMITED LICENSES
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the
– (i) frame or utilize framing techniques to enclose the Site or any portion thereof
-(ii) modify or download the Site or its contents (except caching or as necessary to view content);
-(iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content;
-(v) collect account information for the benefit of another party;
-(vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks; or
-(vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 8 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
11. YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to the Site Online, our affiliates, partners or licensors.
12. YOUR ACCOUNT
You warrant that the personal information which you are required to provide when you register as a customer is true, current and accurate to the best of your knowledge.
You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in the Company’s Online’s best interests to do so.
13. CANCELLATION RIGHT
You have the legal right to cancel your order within seven working days from the date of receipt of the goods if you send us a notice of cancellation in writing and return the goods to us in their original, unopened and unused condition. Where goods are delivered to a third party you may exercise your right to cancel if you are able to return the merchandise to us. You can submit your cancellation notice by email to our customer services department at [email protected] or in writing to: Customer Services, overth, LLC, 4600 E Washington Ave P.
Your statutory rights are not affected.
14. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any action you take that imposes an unreasonable burden or load on our infrastructure.
16. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
The site is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, miss-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party sites; (f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed the value of the goods ordered. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New Jersey, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New Jersey. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New Jersey and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
18. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
If you have any complaints or wish to discuss any matter in respect of the goods please contact Customer Service at 602-699-5982 or email us at [email protected]
We have taken great measures to ensure that your visit to the Site is an excellent one and that your privacy is constantly respected. If you have any questions, comments, or concerns about our privacy practices, please contact us by email at [email protected]