Terms of service
OVERVIEW
Welcome to Empami B.V.! The terms “we”, “us” and “our” refer to Empami B.V. Empami B.V. operates this shop and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Empami B.V. is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address matters such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region in which you reside and that you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.
To use the Services, including accessing or browsing our online shops or purchasing products or Services offered by us, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our shops is accurate, current, and complete and that you are fully authorized to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and Services as accurately as possible in our online shops. However, we note that colors or the appearance of products may vary depending on the device you use to access the shop and its settings and configuration.
We do not guarantee that the appearance or quality of the products or Services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you submit an offer to purchase. Orinoco Secret reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only deemed accepted once confirmed by Orinoco Secret. Acceptance of your order is subject to receipt and processing of payment.
Please review your order carefully before submitting it, as Orinoco Secret may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of the order.
Returns or exchanges of purchases are governed exclusively by our Right of Withdrawal.
You represent and warrant that your purchases are for your personal or household use only and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or Service is the price in effect at the time the order is placed and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, prices do not include taxes, shipping, handling, customs, or import fees.
Prices listed in our online shops may differ from prices offered in physical stores or in online shops or other outlets operated by third parties. From time to time, we may offer promotions that affect pricing and that are subject to different terms and conditions than these Terms. In the event of a conflict, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the prices stated, including shipping and handling fees and all applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you upon our delivery of the products to the shipping carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, text, displays, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof, are owned by Orinoco Secret, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants you any license or other rights in or to any patents, trademarks, copyrights, or other intellectual property of Orinoco Secret, Shopify, or any third party.
Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Orinoco Secret.
The names, logos, product and service names, designs, and slogans of Orinoco Secret are trademarks of Orinoco Secret or its affiliates or licensors and may not be used without prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services that we do not monitor, control, or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion, and you are responsible for reviewing and accepting the terms under which such tools are provided by the relevant third parties.
We may also introduce new features through the Services in the future, including the release of new tools and resources. Such new features shall also be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites operated or provided by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion.
If you choose to leave the Services to access third-party materials or websites, you do so at your own risk. We are not liable for any harm or damages related to your access to or use of third-party websites or the purchase or use of products, Services, resources, or content on such websites.
You should review the policies and practices of the applicable third party carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or Services should be directed to the respective third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Orinoco Secret is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases made in our shop are entered into directly with Orinoco Secret. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and Orinoco Secret, including any injuries, damages, or losses arising from purchased products or Services.
You expressly release Shopify and its affiliates from all liability for any claims, damages, or obligations arising from or related to your purchases and transactions with Orinoco Secret.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve them. Data submitted to the Services may be transferred to Shopify and to third-party service providers, which may be located in countries other than your country of residence. Further details on how we, Shopify, and our partners use your personal data can be found in our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You further represent and warrant that (i) you own or otherwise control all rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms and Conditions.
We are under no obligation to (1) maintain Feedback in confidence, (2) pay compensation for Feedback, or (3) respond to Feedback. We reserve the right, but not the obligation, to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.
You represent that your Feedback does not violate the rights of any third party and does not contain unlawful, abusive, or obscene material or malware that could affect the operation of the Services. You are solely responsible for the accuracy of your Feedback. We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not directly or indirectly use the Services:
(a) for unlawful or malicious purposes;
(b) to violate any international, federal, provincial, state, or local laws or regulations;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any person;
(e) to submit false or misleading information;
(f) to upload or transmit material that does not comply with these Terms;
(g) to send unsolicited promotional material, including junk mail, chain letters, spam, or similar solicitations;
(h) to impersonate any person or entity; or
(i) to engage in conduct that restricts or inhibits anyone’s use of the Services or that may harm Orinoco Secret, Shopify, or users of the Services or expose them to liability.
You also agree not to:
(a) upload or transmit viruses or malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal data of others;
(d) engage in spam, phishing, crawling, scraping, or similar activities; or
(e) interfere with or circumvent the security features of the Services or any related website.
We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, without notice, at our sole discretion. You will remain liable for all amounts due up to the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided in or through the Services is for general informational purposes only. We make no representations or warranties regarding the accuracy, completeness, or usefulness of such information. Any reliance on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY Orinoco Secret, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE DISCLAIMERS MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Orinoco Secret, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Orinoco Secret, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising from (1) your breach of these Terms, (2) your violation of any law or third-party rights, or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that failure to provide prompt notice does not relieve you of your obligations unless materially prejudicial. We may control the defense and settlement of such claims at your expense, provided that no settlement requiring non-monetary obligations will be entered into without your consent. You agree to cooperate in the defense.
SECTION 18 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. The validity and enforceability of the remaining provisions shall not be affected.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements or communications.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign or transfer this agreement or your rights or obligations without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may assign or transfer these Terms without restriction.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws and courts of the country in which Orinoco Secret has its principal place of business. You and Orinoco Secret consent to the jurisdiction and venue of such courts.
SECTION 22 – HEADINGS
Headings used in this agreement are for convenience only and do not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes in accordance with applicable law. Continued use of the Services following the posting of changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to: silas@empami.com
Our contact details are as follows:
Orinoco Secret
silas@empami.com
Empami B.V.
Coenensparkstraat 69
7202 AN Zutphen
Netherlands