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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY .
Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Omaya International will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license

Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of ASOS or its license and are protected by copyright laws and treaties around the world. All such rights are reserved by Omaya International (Pvt) Ltd and its license. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Omaya International (Pvt) Ltd or its license. Omayainternational.com™ trade marks belonging to Omaya International (Pvt) Ltd. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Omaya International (Pvt) Ltd.

Registration

Where you register for any area of this Website, the following terms and conditions apply.

You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.

Omaya International (Pvt) Ltd reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.

If you use multiple accounts for the purpose of disrupting the Omaya International (Pvt) Ltd Blogs you may have action taken against all of your accounts.

If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Omaya International (Pvt) Ltd account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.

Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Omaya International (Pvt) Ltd account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Omaya International (Pvt) Ltd account(s).

Terms of Sale

By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Sri Lanka and subject to any delays resulting from postal delays or force manure for which we will not be responsible. Please see our Delivery Charges notice for further information.

In order to contract with Omaya International (Pvt) Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Omaya International (Pvt) Ltd retains the right to refuse any order made by you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.

a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.

b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees. Even though we may use a local billing agent to invoice and collect payment for the goods you purchase (see section 7(c) below), you will be responsible for importing any goods you purchase from us into Sri Lanka, and any shipping we provide is on your behalf. As part of a promotional offer and in the interests of good customer relations Omaya International (Pvt) Ltd will cover any customs duties or similar taxes, including VAT where applicable, that may be imposed on your purchase or importation of the goods. Please note this is a promotional offer only and is subject to change.

c) Payment
All orders are calculated in Sri Lankan Rupee (LKR). You must pay for your products purchased on this website at the time of placing an order. We accept Direct bank transfer, Cash on delivery, gift cards are also welcome. We will always act to protect the details of your payment and purchase however in the absence of negligence, Target will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorized access to data that you have provided to us when ordering from our website. Our servers will help secure your personal information with up-to-date firewalls and encryption techniques during the ordering and purchase process.

d) Returns and Collections
i. Returning goods if they are faulty
Our goods may come with guarantees that cannot be excluded under the Sri Lankan Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If you think that there is a fault with the goods you have received, please let us know straight away by contacting +94 773426099 or info@omayainternational.com. Please include as many details as possible about the order and the problem with the goods. ii. Returning goods if you change your mind or need a different size
In addition to your rights in relation to faulty goods, you can return any goods within 07 days of receipt for a refund of those goods or to exchange it for a different size or color. If you want a refund, we will refund the monetary value of the goods returned to us, at the price you purchased them. Please note that in the interests of hygiene, goods marked with a next to the product name cannot be returned, unless they have remained in their original wrapping or are faulty. If you change your mind about the goods (including the size or color), the goods returned must be in their original condition, which includes any packaging. For example, shoes are to be returned along with the original shoe box. All goods will be inspected on return. iii. Returns generally
This section applies to the return of all goods, regardless of whether they are faulty or you choose your mind or need a different size. You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error. Please use the label on your delivery and returns note, enclosed with your goods.

Disclaimer of Liability

a) All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.

b) Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Sri Lankan Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

c) In particular our goods may come with guarantees that cannot be excluded under the Sri Lankan Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure

d) If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Sri Lankan Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Omaya International (Pvt) Ltd is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Omaya International (Pvt) Ltd for breach of the Non-Excludable Provision is limited to one or more of the following at Omaya International (Pvt) Ltd’ option:

e) In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

f) Subject to Omaya International (Pvt) Ltd’ obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Omaya International (Pvt) Ltd is not liable for, and no measure of damages will, under any circumstances, include:
i. special, indirect, consequential, incidental or punitive damages; or
ii. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Omaya International (Pvt) Ltd and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Omaya International (Pvt) Ltd.

Indemnity

You agree to indemnify, defend and hold harmless Omaya International (Pvt) Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

Variation

Omaya International (Pvt) Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

If you have a complaint about Omaya International (Pvt) Ltd, please contact our Customer Care team here:

via email info@omayainternational.com

via Facebook to https://www.facebook.com/OmayaInternational

via post to Omaya International (Pvt) Ltd, 68C/21, Parakum Mawatha, Gampaha Road, Yakkala, Sri Lanka.

In the unlikely event that our Customer Care team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, then you may refer your complaint to the md@omayainternational.com.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Omaya International (Pvt) Ltd.

Ethical Sourcing Policy

As a reputable and trusted business committed to offering its customers high quality goods, Omaya International (Pvt) Ltd recognizes its obligation to ensure that suppliers are operating ethically.

We expect our suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights.

All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
• Minimum age of employment
• Freely chosen employment
• Health and safety
• Freedom of association and the right to collective bargaining
• No discrimination
• No harsh or inhumane treatment
• Working hours
• Rates of pay
• Terms of employment

Omaya International (Pvt) Ltd will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instill these principles when dealing with their own supplier base.

Because of the sometimes complex nature of our suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our goods. However, as Omaya International (Pvt) Ltd continues to grow it recognizes the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.

© 2019 Omaya International Private Limited. All rights reserved