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Faraday Terms & Conditions

Last Updated March, 2019.

Welcome to OWAYN. We are passionate about creating innovative products and we are thrilled to have you onboard!

SPARTAN Wear Inc., a U.S. corporation (“SPARTAN,” "OWAYN", “we,” “us,” or “our“), headquartered 1447 2nd street, 90401 Santa Monica, Califonia, United States provides a website located at owayn.com (the “Site“) in conjunction with third parties.

Please review these Terms & Conditions (“Terms“) carefully prior to using the Site. By using OWAYN’s products (the “Product” or “Products“) and Site, you are agreeing to all the terms below. If you do not agree to these Terms, please do not use the Site and exit immediately.

We reserve the right to modify or amend the Terms from time to time without notice. Your continued use of our Site following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Site, you agree to such terms and conditions, as well as these Terms.

  1. Applicability

The Terms apply between OWAYN and any consumer visiting, purchasing, or using any information, documents, graphics, movies, features, and/or other services on the Site (the “Customer“).

Users of all ages are welcome to browse the Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Site, including, but not limited to, your name, address, email address, phone number and other personal information.

  1. Products & compliance

All features, content, products and prices of products described or depicted on our Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however OWAYN does not incur any liability for error or omission on these descriptions.

OWAYN doesn’t claim to diagnose, prevent or treat any disease or other health problems.

  1. Prices

The product prices displayed on the Site are excluding taxes. Taxes and shipping rates are applied per order. The exact taxes and shipping rates depend on the country where your order is being delivered to.

Free shipping cost for any order higher than 100 USD (price after all forms of rebate, reduction or other advantages and excluding delivery costs).

Prices are quoted in U.S. Dollars.

The total price specified in the final checkout screen includes tax and shipping costs. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.

  1. Right to reject an order

Fulfillment of all orders on the Site is subject to availability. We explicitly reserve the right not to accept your order for any reason or to cancel one by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order you placed:

– the product is not available anymore ;
– your billing information is not correct or not verifiable;
– we have reason to believe that you are a reseller;
– there was an error in the price displayed on the Site;
– we could not deliver to the address provided by you;
– due to an Event Outside Our Control (see art. 10 below); or
– in the event of misspelling, pricing or other errors or mistakes in the Site information.

In the above-mentioned situations, OWAYN will contact the Customer by email.

  1. Placing an order on the Site

Find the products you want, choose a color, a size and a pack before adding it to your shopping cart. Select a delivery address and a billing option. Please review your order before proceeding to checkout. Receive an online order acknowledgment.

When you submit an order we will send you an email acknowledging receipt of your order. This does not mean that we have accepted your order. Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”).

If we are unable to supply you with a Product, we will inform you of this in writing and will not process the order.

  1. Payment

Customers can either pay their order by credit card (Visa, Mastercard or American Express) or Paypal.

If you pay by credit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. Payments can only be processed if the billing information can be verified. We retain title in any Product(s) until we have received full payment for such Product(s).

The payment solution used by OWAYN is 100% secure. The secure platform proposed on the online store is STRIPE. STRIPE platform complies with regulations concerning credit cards remote and online payments.

  1. Delivery

The Products are delivered to the address provided by the Customer when ordering. The Customer must ensure that he provided accurate and complete information regarding the delivery address.

OWAYN delivers its Products in France and in most countries of the world. Details about delivery times indicated on the Site before placing an order are not binding. OWAYN cannot be held responsible for consequences due to delayed delivery.

  1. Inspection upon delivery

Upon delivery, the Customer must inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

The customer must check the conformity of Products. In case of any anomaly concerning the Product, the customer must notify OWAYN within 24 hours from receipt. After this period, OWAYN disclaims any responsibility.

  1. Taxes and customs duties

Each order that comes through the Site may be subject to the taxes and customs laws that are in place when the parcel reaches its destination. OWAYN will not refund customs duties and sales taxes for orders sent to destinations outside the United States or the European Union.

  1. Right of withdrawal, return and refund policy

The Customer has hundred (100) calendar days, beginning the day after receipt of a product by him or by a third party other than the carrier and indicated by the Customer, to cancel the Customer’s purchase without giving any reason and without penalty or any cost of return. These are taken care of by OWAYN. At the end of this 100 days period, the Customer can no longer exercise his right of withdrawal.

The Customer must return the cancelled items to OWAYN no later than 100 days from the day on which he has notified his decision to cancel the order.

The product shall be returned in its original packaging, unworn, in perfect condition along with the delivery receipt to the address provided by the customer service and following the instructions given by the customer service.

Any Products that are damaged, incomplete, used, worn, washed, soiled or returned with a damaged original packaging will not be taken back or exchanged by OWAYN. If the seal and/or the tags affixed to the Products are broken or removed, OWAYN may also not take back the Products.

The Customer shall use the Product Return Form, available on the Site, to follow the instructions and return the Product.

On his firts order, the Customer has (30) calendar days, beginning the day after receipt of a product by him or by a third party other than the carrier and indicated by the Customer, to cancel the purchase without giving any reason. The Customer will have the right to keep the worn underwear and will be 100% refunded. This will be limited to one order per customer and only one pair per Customer.  

Refund policy. The Customer will only obtain a refund of the Products under this Article if he proves that the Product has been returned. The Customer shall therefore return the product in a way allowing the written proof of the date of return. OWAYN will refund the price paid at the time of order (including the initial shipping fees) in case of return of the entire initial order.

OWAYN will process the refund due to the Customer at the latest within 14 days following the delivery of the cancelled Products.

  1. Retention of title

OWAYN shall retain ownership of the Products until full settlement of the price by the Customer. The payment is effective when the money is actually received by OWAYN.

The Products will be at the Customer’s risk (e.g. risks of loss, theft, deterioration) from the time of delivery.

  1. Warranty and liability

To the fullest extent of the law, OWAYN does not make any express or implied warranties: (i) that the Site, Services, Site Content, goods, advice, information or links provided on the Site will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected; (iv) regarding the Site Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and (vi) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms 

  1. Limitation of liability

OWAYN will not be liable for:

– any damages suffered as a result of the use of electronic communications, such as a breach in service, outside intrusion or the presence of a computer virus;
– any inability to contact the customer service;
– any inability to access or use the Site for any reason;
– losses that are not the result of a direct error on the part of OWAYN, in particular in the event of fault of the Customer or in the event of an unforeseeable and insurmountable fact of a third party to the sale contract;
– the non-performance of the contract in case of force majeure as described in Article 16 below.

The maximum reimbursement of the above damages will be the purchase price of the Products concerned. We shall not be liable for damage incurred by a third party resulting from the use of any of our Products. We shall not be liable for damage incurred by you as a result of your improper use of any of our Products. OWAYN doesn’t claim to diagnose, prevent or treat any disease or other health problems. Therefore, OWAYN shall not be liable for the medical inefficiency of its Products.

  1. Personal Data

Customer has a right of access, rectification and deletion on all the data entered into the Site by carrying out his claim and proof of identity. To exercise this right, the Customer must send an email with that purpose to the following email address: hello@owayn.com

OWAYN collect and store information that you provide to the Site.

Personal data can be transmitted to third parties without the prior consent of the Customer, if the disclosure is legally required or necessary (for example, at the request of the police force, judiciary and other bodies).

The Customer accepts, by making orders through the Site, to receive promotional emails from OWAYN and/or from OWAYN’s partner firms. The Customer is able to stop receiving such promotional emails by clicking on the link provided for that purpose at the bottom of each email.

This Site is the subject of a declaration before the National Commission for Information Technology and Civil Liberties (CNIL), which issued the receipt n° 2102267 v 0 on September 25th, 2017. 

  1. Intellectual Property Rights

You must not use, download or modify any illustrations, photographs, video or audio sequences of the Site. You must not use any part of the content on the Site for commercial purposes without obtaining a license to do so from OWAYN.

OWAYN is the holder of all copyrights on the content of the Site. All its trademarks, including OWAYN and the WaveTech Technology, logos, domain names, downloadable documents, graphics, videos and all distinctive signs shall be considered as intellectual works on which OWAYN owns all intellectual property and commercial rights.

Any representation, reproduction, disclosure, distribution, translation, diffusion, modification, transcription, whether partial or complete, in any manner whatsoever, is strictly prohibited without OWAYN’s prior express authorization. Any reproduction and/or representation of the Site requires the express prior consent of the OWAYN. Such authorization request shall be addressed to: hello@owayn.com

Any unauthorized use is an infringement sanctioned by law.

  1. Indemnity

Customer agree to defend, indemnify and hold harmless OWAYN, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other person accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 16 without the prior written consent of OWAYN.