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Terms of service
OVERVIEW
Welcome to Osmium! The terms “we”, “us” and “our” refer to Osmium. Osmium operates this online store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services as a consumer in the European Union. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
Section 1 – Access and Account
You must be at least the age of majority in your EU member state of residence to place orders via the Services and you confirm that any information you provide (including email, billing and shipping details) is accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
We make reasonable efforts to display colors and images of our products as accurately as possible but cannot guarantee that your device’s display will be accurate. Product descriptions, prices and availability may change at any time without notice; we may limit quantities for any reason in compliance with applicable EU consumer law.
Section 3 – Orders, Contract Formation and Returns
When you place an order through the Services, you make an offer to purchase the products in your basket. The sales contract is concluded only when we explicitly confirm acceptance of your order (for example, by email order confirmation) and your payment is successfully processed.
Your purchases are subject to our Refund & Returns Policy, which forms part of these Terms and is provided in a durable medium and in clear language, including information on your EU right of withdrawal. Unless otherwise stated, you are purchasing as a consumer for personal use only and not for commercial resale.
Section 4 – Prices, Taxes and Billing
All prices are shown in the currency indicated on the site and include VAT where required by EU law, unless we explicitly state otherwise. Any additional costs, such as shipping, handling, customs or import duties, will be clearly indicated before you place your order and in your order confirmation.
You agree to provide current, complete and accurate payment information and authorize us (and our payment service providers) to charge your selected payment method for the total order amount.
Section 5 – Shipping, Delivery and Risk
We deliver to the countries indicated on our website; any delivery restrictions are clearly stated before checkout in line with EU consumer law and the Geo‑blocking Regulation. Delivery times are estimates only and not guaranteed, but we will deliver products without undue delay and not later than 30 days from conclusion of the contract unless otherwise agreed.
Risk of loss or damage to the products passes to you when you or a third party indicated by you (other than the carrier) has acquired physical possession of the goods.
Section 6 – EU Right of Withdrawal
If you are an EU consumer, you have the right to withdraw from your online purchase within 14 calendar days without giving any reason, subject to the conditions and exceptions set out in Directive 2011/83/EU and national law.
· The withdrawal period expires 14 days after the day on which you, or a third party indicated by you (other than the carrier), acquire physical possession of the goods, or of the last good in the case of multiple items delivered separately.
· To exercise the right of withdrawal, you must inform us of your decision by sending a clear statement (for example, a letter or email) using the contact details in Section 24. We will provide or accept the standard EU withdrawal form where required.
· You must return the goods without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal. You bear the direct cost of returning the goods unless we have agreed otherwise.
· We will refund all payments received from you, including standard delivery costs (if applicable), without undue delay and in any event not later than 14 days from the day we are informed of your decision to withdraw. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.
You may lose or see reduced reimbursement for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods. Certain goods may be excluded from the right of withdrawal (for example, custom‑made items or goods not suitable for return for health or hygiene reasons once unsealed), as explicitly indicated in our Refund & Returns Policy and at checkout.
Section 7 – Legal Guarantee of Conformity
If a product you purchased from us is defective or not in conformity with the contract, you are entitled to remedies under applicable EU and national consumer law, including repair, replacement, price reduction or refund, at no charge to you. These statutory rights exist in addition to, and are not limited by, any commercial warranty we may offer.
Section 8 – Intellectual Property
The Services, including all trademarks, brands, text, designs, graphics, images, video, audio and other content, are owned by Osmium or its licensors and are protected by applicable intellectual property laws. You may use the Services and content only for your personal, non‑commercial use and in accordance with these Terms. Any reproduction, distribution, modification or other use not expressly permitted is prohibited without our prior written consent.
Section 9 – Optional Tools and Third‑Party Services
We may offer access to tools, payment services or other functionality provided by third parties. Your use of such third‑party services is entirely at your own risk and subject to the terms and privacy policies of those third parties; we are not responsible for their acts or omissions.
Section 10 – Third‑Party Links
The Services may contain links to third‑party websites or content. We do not control and are not responsible for these websites or their content, products or services. You should review the applicable terms and privacy policies of any third‑party site before using it.
Section 11 – Privacy and Data Protection (GDPR)
All personal data we collect in connection with the Services is processed in accordance with our Privacy Policy, drafted to comply with the EU General Data Protection Regulation (GDPR).
Our Privacy Policy clearly explains:
· what personal data we collect, for what purposes and on which legal bases (for example, performance of contract, legal obligation, legitimate interests, or consent);
· how long we retain personal data and with whom we share it (such as payment providers, logistics partners);
· your rights under GDPR (including access, rectification, erasure, restriction, data portability and objection) and how to exercise them;
· how to contact our data protection contact or representative and, where applicable, your right to lodge a complaint with a supervisory authority.
By using the Services, you acknowledge that you have read our Privacy Policy.
If you submit reviews, comments or other feedback (“Feedback”), you grant us a non‑exclusive, worldwide, royalty‑free license to use such Feedback for the purposes of operating, improving and promoting the Services. You represent that you own or control all rights in your Feedback and that it does not violate third‑party rights or applicable law.
Section 13 – Errors and Availability
Occasionally there may be typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct such errors, change or update information, or cancel orders where information was inaccurate at any time, in compliance with EU consumer protection rules.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to misuse the Services, including by engaging in fraudulent activity, infringing intellectual property rights, transmitting malicious code, or violating applicable EU or national laws.
We may suspend or terminate your access to the Services where you materially breach these Terms or where required by law. Any such termination does not affect rights and obligations accrued up to the termination date; provisions that by their nature should survive will remain in effect (for example, Intellectual Property, Liability, Indemnification, Governing Law).
Section 16 – Disclaimer of Warranties
Except where prohibited or restricted by EU or national mandatory consumer law, the Services and all products are provided “as is” and “as available” without any non‑statutory warranties. Nothing in these Terms limits your statutory rights as a consumer, including the legal guarantee of conformity and remedies in case of defective goods.
Section 17 – Limitation of Liability
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any breach of your mandatory consumer rights under EU and national consumer protection law.
Subject to the foregoing, and to the maximum extent permitted by applicable law, our aggregate liability arising out of or in connection with the Services and any products supplied to you under these Terms, whether in contract, tort (including negligence) or otherwise, shall be limited to the total price paid by you for the order giving rise to the claim.
We shall not be liable for:
· any loss or damage that was not reasonably foreseeable at the time the contract was concluded;
· any loss not caused by our breach or negligence;
· any business‑related losses (including loss of profit, revenue, contracts, data, business interruption or loss of goodwill), as the Services and products are provided for domestic and private use only.
· If you use the products or Services for any commercial, business or resale purpose, we shall have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity, without prejudice to any liability that cannot be limited under mandatory law
Where permitted by applicable law, you agree to indemnify and hold harmless Osmium, its affiliates, officers, employees and agents from losses and liabilities arising from your breach of these Terms or violation of law, except to the extent caused by our own fault. Any indemnity will be interpreted in accordance with mandatory consumer protection rules in your country of residence.
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the fullest extent permitted and the remaining provisions shall remain in full force and effect.
Section 20 – Waiver; Entire Agreement
Our failure to enforce any right or provision in these Terms does not constitute a waiver of such right or provision. These Terms, together with our Privacy Policy and Refund & Returns Policy, constitute the entire agreement between you and us regarding the Services.
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms in accordance with applicable law.
Section 22 – Governing Law and Jurisdiction
If you are an EU consumer, these Terms and any disputes arising out of or in connection with them are governed by the laws of the EU member state where you reside, without prejudice to any mandatory consumer protection provisions of that state.
You may bring proceedings regarding these Terms in the courts of your place of residence in the EU or in the courts of the EU member state where Osmium is established, as provided by EU jurisdiction rules.
Section 23 – Changes to These Terms
We may update these Terms from time to time. Where changes are material or required by law, we will provide appropriate notice (for example, by email or on our website) and specify the date from which the changes take effect. Your continued use of the Services after that date constitutes acceptance of the updated Terms.
Section 24 – Contact Information
Questions about these Terms of Service can be sent to:
Email: info@osmium.eu.com
Trading name: Osmium
Registered address: 08027, Spain, Barcelona, Plaza Kobe 16