The information contained on this page sets forth your rights and obligations with respect to the use of the website and the transaction(s) contemplated by these terms and conditions. These terms and conditions require customers in the united states use arbitration (on an individual basis only; i.e., case consolidations and class-actions are not permitted) in order to resolve disputes. Please review this document in its entirety before placing any order and confirming your acceptance. You may not order or obtain products from this website unless and until you: (a) agree to these terms and conditions in their entirety; (b) are at least 18 years old; and (c) are not prohibited from accessing or using this website or any of this website's contents, goods, or services by any applicable law, rule, or regulation.

1. Introduction

These Terms and Conditions ("Terms") are valid between you and the applicable OBAYATY company specified in Section 17 (“we”, “us”), and govern your use of our website, www.obayaty.com, (the "Website") and your purchase of any products sold ("Products") through our Website. By accessing and using our Website and making a purchase, you agree to comply with and be bound by these Terms. Before using the Website or making a purchase, please read these Terms carefully and make sure that you understand them. Please note that before placing an order or making a payment you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website or make any payments related thereto.

2. Eligibility and Verification

1. Personal Eligibility: In order to use our Website and purchase Products you must be of legal age in your country of residence. By using our Website, you confirm and warrant that you are legally capable of entering into binding contracts. You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable to verify the information automatically, our representatives may contact you and/or your debit or credit card issuing bank to confirm your identity and/or your intent to place the order.

2. Non-Commercial Use: Please note that any Products made available through our site are intended for personal, non-commercial use, and purchase of any Products for resale purposes is strictly prohibited. As such, you assume the risk when purchasing Products for a commercial or business use or application.

3. Sanctions: You acknowledge and agree that we may conduct pre-payment screening on you and the information you have provided. These checks are designed to prevent us from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories we operate. You may not order any Products if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where your Products are to be delivered. You must comply with all U.S. or other export and re-export restrictions that may apply to the Products.

3. Product Information and presentation

1. Product Information: Although we make every effort to provide accurate and up-to-date information about our Products, including descriptions, contents, prices, and availability, we do not warrant that Product descriptions or other Content on the Website are accurate, complete, reliable, current, or error free. However, we reserve the right to correct any errors, inaccuracies, or omissions without notice. Please note that due to the colour settings of your computer or mobile device, the colours, shades and tints displayed on the Website may differ somewhat from their actual representation. OBAYATY cannot be held responsible for any such discrepancy.

2. Adjustments: We reserve the right to adjust the Products available on the Website, product assortment and related information without notice. These adjustments and changes will not affect any Orders that has already been placed.

4. Orders and Payments

1. Placing an Order: When you place an order on our Website (each, an “Order”), you are making an offer to purchase the selected Products. We may accept or reject your offer at our discretion. If we accept your Order, we will send you an order confirmation via email with a copy of the Terms. We recommend that you save this confirmation to facilitate any further contact with us. If we are unable to supply you with a Product, for example because that Product is not in stock, is no longer available, or because of an error in the price listed on the Website, we reserve the right to cancel the Order and refund any amount paid and incur no further liability to you. If we need to cancel your Order, we will notify you. This action can be performed at any time until the Order has been delivered.

2. Payment: Payment for Products can be made using the payment methods available on our Website. All payments are processed securely, and we do not store your payment information. Payments by card are handled by a third party payment processor of our choosing, with secure encryption, and under strict banking standards. Your card details are sent directly to the bank and cannot be read or accessed by anyone other than your bank. There is no extra charge for card payments unless your bank charges you a fee. When paying by credit / debit card starting conditions apply as soon as the card transaction is approved. In the event that no payment has been received after submitting your order, we reserve the right to cancel your Order. You agree that credit cards and debit cards may be charged on the date of inventory reservation for the Order, as opposed to the date of shipping. You represent and warrant that (i) the credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit or debit card for the purchase, (iii) charges incurred by you will be honored by your credit card company or bank, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your Order.

5. Prices; Sales Tax and VAT

1. Import Duties and Taxes: All prices shown on the website at checkout are inclusive of VAT/Sales Tax in accordance with applicable regulations and shipping and handling. Prices shown prior to checkout do not include VAT/Sales Tax, shipping, or handling. Please note that for delivery to countries outside of the EU, United Kingdom and United States, you may be subject to import duties and taxes which are collected when the shipment reaches your delivery address. You will be responsible for payment of such import duties and taxes. Please note that since these charges are outside of our control and vary from country to country, we cannot predict the amount prior to delivery. Please refer to your local customs authority for additional information.

2. Price Variations: Pricing may differ from the prices offered elsewhere (online or offline) by us for the same goods. All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the Order is placed and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes.

3. Promotions: We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

4. Tax Errors: As a result of any error, we may over-collect or under-collect your tax. In consideration of our allowing you access to and use of the Website, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless us and our officers, directors, employees, agents and representatives from any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases. Some states may require us to provide you notice regarding state use tax at the time of purchase, an annual purchase summary, and/or report your annual untaxed sales to that state. We provide this data as a reference to assist you in determining any applicable use tax. Our calculations may not match the data in your records and may not reflect gifts or shared accounts.

5. International Fees: By placing an Order with us through our Website, you acknowledge that you are entering into an international transaction with us. Further, you acknowledge that some banks may charge an international transaction fee according to their policies. We do not charge this fee or control when your bank will charge it.

6. Fraud

All suspected instances of fraud are reported to the authorities, and we reserve the right to cancel your Order if there is suspicion of fraud. This includes instances of Orders made in another person’s name without their consent.

7. Shipping and Delivery

1. Shipping: We offer shipping to all locations listed on the Website. If your country of residence is not listed on the Website, we do not currently offer shipping there. Shipping times and fees may vary depending on your location and the selected shipping method.

2. Delivery and Delays: We will make all reasonable efforts to deliver your Order within the estimated delivery timeframe. However, we are not responsible for delays caused by factors beyond our control. If there are any delays in the delivery of your Order will we notify you. If you do not receive any notification of the delay, please contact our customer support.

3. Title and Risk of Loss: All Products purchased from us are made pursuant to a shipment contract. Title to the Products and the risk of loss of the Products transfers from us to you upon delivery of the Products to you.

4. Appointment of Customs Broker as Agent: By ordering Products from us, you hereby authorize a licensed customs broker chosen by us to act as your agent and transact business with foreign revenue authorities to clear your Products, account for duties and taxes on your behalf, if applicable return your Products and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return.

8. Returns and Refunds

Please review our Return Policy for information on returns, exchanges, and refunds.

9. Defects

For Customers outside the United States:
If a Product (i) deviates from or does not correspond with the description or information about the Products provided by us, or (ii) contains a defect, you may submit a complaint regarding the defective Product. If you want to file a complaint regarding your Order please contact our customer service department at [email protected]. In order to process your complaint, you might be required to return the Products to us. We are only responsible for original defects and our responsibility for defects does not cover, for example, defects caused by you or defects due to normal wear and tear. Complaints must be made within a reasonable time after the defect was discovered (a reasonable time is always considered to be two months), but within three years at the latest. We reserve the right to remedy any defects in the Products by either redelivery, price reduction or a refund. Any refund in the event of a complaint will be made without undue delay as soon as a complaint is approved.

For Customers in the United States:
To the greatest extent permitted by law, the products are provided “as is” and “where is” without any warranty of any kind, and obayaty hereby expressly disclaims all warranties with respect to the products, whether express, implied, or statutory, including the implied warranties of merchantability and fitness for a particular purpose. In our sole discretion, we may, but are not obligated to, remedy any defect in the products.

10. Terms of Use of Our Website

The following terms and conditions apply to your use of our Website, whether or not you make a purchase. If you do not want to agree to these Terms, you must not access or use the Website.

1. We do not guarantee that our Website or any Content on it will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason all or any of our Website is unavailable at any time or for any period.

2. You are responsible for making all the necessary arrangements for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.

3. Access to certain areas of our Website is restricted. We reserve the right to restrict access to other areas of our Website, or indeed the whole Website, at our discretion. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

4. The Website may not be used by anyone under the age of 13 in the United States. An individual older than 13 but under 18 years of age (a minor) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor's compliance. We advise parents or guardians who permit minors to use the Website that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.

5. You must not use our Website in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to using our Website to copy, store, host, transmit, send, use, publish or distribute any material; gaining unauthorized access to our Website; collecting data from our Website (including through the use of robot, spider, or other automated device, process, or means); sending unsolicited commercial communications via our Website; to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; and/or without limitation performing any act that is inconsistent with the purpose of this Website: to take in and fulfil consumer orders.

6. Where necessary we will report any breach of these Terms to the relevant law enforcement authorities and if and to the extent allowed under applicable data protection law, we will co-operate with those authorities by disclosing your identity and/or your personal information to them. In the event of such a breach, your right to use our Website will cease immediately.

7. If you opt in to receive e-mail marketing from us, you consent to receive communications from us electronically via the e-mail you provide, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also agree that we will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. All data collected is subject to our Privacy Policy.

8. Your use of the website and its content is at your own risk. The website and its content are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither OBAYATY nor any person associated with obayaty makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither obayaty nor anyone associated with obayaty represents or warrants that the website or its content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components, or that the website will otherwise meet your needs or expectations.

9. To the fullest extent provided by law, we hereby disclaim all warranties of any kind relating to the website or its content, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

10. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

11. Privacy

We value your privacy and handle your personal information in accordance with our Privacy Policy. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

12. Intellectual Property

1. Content: All content on our Website, including text, images, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”), is protected by intellectual property laws and is the property of OBAYATY or its licensors. All Content is copyrighted as a collective work under copyright laws, and we (or our licensors) own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any information displayed on the Website, through the use of framing, deep linking or otherwise, except (i) as expressly permitted by these Terms; or (ii) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright information displayed on the Website.

2. Trademarks: The OBAYATY name and all related names, logos, product and service names, designs, and slogans are trademarks of OBAYATY or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

13. Limitation of Liability

In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages (including, without limitation, loss of use, data, business, goodwill, reputation, or revenue) arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Our sole and entire maximum liability and your sole and exclusive remedy shall be limited to the actual amount paid by you for the products you have ordered through our website. If you have not paid any amounts for products ordered through our website, we will not be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, or any content on the website.

Except as otherwise expressly set forth herein, any cause of action or claim you may have arising out of or relating to these terms, the website, or any product must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law, and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

14. Indemnification

To the greatest extent permitted by law, you agree to defend, indemnify, and hold harmless OBAYATY, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your violation of these Terms or violation of any law.

15. Force Majeure

If we are prevented from fulfilling our obligations under these Terms by circumstances outside of our control (“Force Majeure”), we shall be exempt from all liability for any damages or penalties related to such inability to fulfill the obligations and our obligations under said Terms shall be suspended. Force Majeure includes, but is not limited to, war, invasion or hostilities (whether war is declared or not), civil war, terrorist threats or acts, revolution, insurrection, riot or other civil unrest, government intervention, national emergency, epidemic, strike, lockout, blockage, prohibitions, restrictions, sabotage, restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, electricity, telephone or internet services, fire, explosion, flood, and natural disasters.

In the event of a risk that an obligation cannot be performed or will be delayed due to Force Majeure, we will make every reasonable effort to notify you via email.

16. Statutory rights

Nothing in these Terms shall exclude, restrict or impede any rights that you as a consumer have according to any mandatory consumer protection laws in your country of residence.

17. Governing Law

The OBAYATY entity entering into these Terms (“OBAYATY”), the law governing these Terms, their interpretation and any legal dispute arising out of or in connection with these Terms or your use of the Website, as well as the applicable venue and dispute resolution rules are as set forth below. Neither these Terms, nor any Order, will be governed by the United Nations Convention on the International Sale of Goods.

18. Disputes

If you have a complaint about your Order, please contact out customer service department at: E-mail: [email protected]

In the event that a dispute cannot be resolved between you and OBAYATY ́AB´s customer service department, you as a consumer may contact the Swedish National Board of Consumers (“ARN”) to have the dispute resolved. ARN’s address is Box 174, SE-101 23 Stockholm and its website address is www.arn.se.

For residents of an EU country other than Sweden, complaints can be submitted online via the European Commission’s dispute resolution platform, see http://ec.europa.eu/consumers/odr.

19. Arbitration and Class Waiver for Customers in the United States

The following terms and conditions apply to customers in the United States.

1. Agreement to Arbitrate: Subject to Section 19(d) below and all applicable laws, any dispute relating to the Website, to these Terms, to our Privacy Policy or Return Policy, to our advertising or solicitation practices, or to Products you purchase through the Website that is not resolved through good faith negotiation will be settled by final and binding arbitration pursuant to the consumer arbitration rules of the American Arbitration Association (“AAA”). The arbitration will be conducted by one neutral arbitrator, in accordance with this Section 19 and the then current Consumer Arbitration Rules of the AAA at a location agreed to by the parties. The parties will appoint an arbitrator pursuant to the AAA’s procedure for appointment from AAA’s panel. Each party will pay its own expenses, and OBAYATY will pay the filing and any other administrative fees of the AAA and the arbitrator’s fees and expenses. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and will be governed and enforced under the Federal Arbitration Act, 9 U.S.C. § 1-16 (“FAA”). The arbitrator must apply applicable substantive law consistent with the FAA and must honor claims of privilege recognized at law. Either party may seek a temporary injunction in any court of competent jurisdiction to the extent necessary to preserve the status quo during the pendency of final resolution of a dispute in accordance with this Section 19. Except as provided below in Section 19(c), if any portion of the arbitration agreement in this Section 19 is deemed invalid or unenforceable under the FAA, it will not invalidate the remaining portions of the arbitration agreement. An award may be confirmed and judgment entered by any court having competent jurisdiction. The decision and award of the arbitrator is not subject to review except as expressly authorized by applicable law. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond the dealings between us. Any question of the arbitrability of any dispute, including questions of the enforceability of this Section 19, the applicability of statutes of limitation or questions of issue preclusion, will be determined solely by the arbitrator. The parties, their representatives and participants and the arbitrator will hold the existence, disclosures, content and result of any arbitration proceeding in confidence for all purposes and may not use anything disclosed or stated in an arbitration for any purpose (including impeachment) other than to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration award or decision.

2. Opt Out: This arbitration provision means that your claims against obayaty will be resolved through arbitration rather than litigation in court. You may opt out of this arbitration agreement (section 19(a) only) for any future business with obayaty and doing so will not in any way prejudice or affect your dealings with OBAYATY. to exercise this opt out right, you must provide us written notice of your election to opt out no later than 30 days after effective date of the contract between us. the procedure spelled out herein is the only way to opt out of this arbitration agreement, and any attempts to opt out after the deadline set forth herein will be ineffective.

3. Class Action Waiver: Any arbitration proceeding under this section will take place on an individual basis. Class arbitrations and class or representative proceedings of any kind are not permitted and you expressly waive your ability to participate in a class or representative proceeding against obayaty or its affiliates. To the extent that you opt out of arbitration following the procedure set forth in the preceding paragraph, or if this arbitration agreement is found inapplicable to your dispute with obayaty, this class action waiver will continue to apply in litigation. You agrees that this class action waiver is an essential element of this agreement and that it may not be severed. in the event that this class action waiver is deemed invalid or unenforceable, then the entire agreement to arbitrate in this section will be null and void.

4. Small Claims Court: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be subject to the class action waiver in Section 19(c) above.

5. Jury Trial Waiver: If for any reason a claim proceeds in court rather than in arbitration, to the greatest extent permitted by law, you hereby waive any right to a jury trial.

20. Provisions Severability

If any part of these Terms is held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms. Instead, the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms.

21. Termination

We reserve the right to terminate your access to the Website at our sole discretion at any time without prior notice. Such termination could occur if we suspect that you have breached the terms of these Terms.

22. Waiver

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of OBAYATY.

23. Entire Agreement

Our order confirmation, these Terms, our Privacy Policy, and our Return Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

24. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 24 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

25. Third Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

26. Changes to the Website or these Terms and Conditions

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You should view, read and print a copy of these Terms or save them to your computer for future reference. We may revise these Terms at any time with or without prior notice, however these changes will not affect Orders already made. The most current version of the Terms will be posted on our Website. Your continued use of our Website after any changes to the Terms constitutes your acceptance of those changes. Every time you wish to order Products or use our Website, please check these Terms to ensure you understand the terms which will apply at that time.

27. Contacting us

If you wish to contact us for any other reason, including because you have a complaint, please do so by e-mailing us at [email protected].

If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your Order.

Last Updated: 2023-12-08