Terms and Conditions

Overview

This website is operated by Brillmark, LLC (“Oflara,” “we,” “us,” “our”). Oflara offers this website, including all information, tools, and services available from this site (collectively, the “Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (the “Terms”).
By accessing the site and/or purchasing from us, you agree to be bound by these Terms and by any additional terms and policies referenced or linked here (including our Privacy Policy and Return Policy). If you do not agree, do not use the Service.
We may update these Terms at any time by posting a revised version. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell products and services to you.

1) Online Store Terms

By using the Service, you represent that you are at least the age of majority in your state/province of residence, or you are the age of majority and have given us consent to allow any minor dependents to use the site.
You may not use the Service for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, without limitation, copyright laws). You must not transmit any worms, viruses, or destructive code. Breach of these Terms may result in immediate termination of your access.

2) General Conditions

We reserve the right to refuse service to anyone, for any reason, at any time.
Content you submit (excluding payment card data) may be transferred unencrypted over various networks and adapted to technical requirements. Payment card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

3) Accuracy, Completeness & Timeliness of Information

Site content is provided for general information only. We are not responsible if information on this site is not accurate, complete, or current. Historical information may not be current and is provided for reference only. We may modify site contents at any time, but have no obligation to update information. You agree it is your responsibility to monitor changes.

4) Modifications to the Service & Prices

Prices are subject to change without notice. We may modify or discontinue the Service (or any part of it) without notice. We are not liable to you or third parties for any modification, price change, suspension, or discontinuance.

5) Products & Services

Certain products or services may be available exclusively online and may have limited quantities. Returns/exchanges are subject to our Return Policy.
We try to display product colors and images as accurately as possible, but cannot guarantee your monitor’s display. We may, on a case-by-case basis, limit sales to any person, region, or jurisdiction; limit quantities; change product descriptions or pricing; or discontinue products at any time. Offers are void where prohibited.
We do not warrant that products or services will meet your expectations or that errors will be corrected.

6) Billing & Account Information

We may refuse, limit, or cancel orders at our sole discretion, including per person/household/account/payment card/shipping address. If we change or cancel an order, we may attempt to notify you using the contact details provided.
You agree to provide current, complete, and accurate purchase and account information and to promptly update it, including email and payment details, so we can complete transactions and contact you as needed.
For more details, see our Return Policy.

7) Optional Tools

We may provide access to third-party tools “as is” and “as available” without warranties or endorsement. Your use of optional tools is at your own risk and subject to the third party’s terms.
We may also offer new features/services in the future; such additions will be subject to these Terms.

8) Third-Party Links

Third-party links may lead to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and we do not warrant or assume liability for any third-party materials, websites, products, or services. Review third-party policies before engaging in transactions with them. Questions or complaints about third-party products should be directed to the third party.

9) User Comments, Feedback & Submissions

If you submit ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), whether requested or unsolicited, you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to edit, copy, publish, distribute, translate, and otherwise use them in any medium. We have no obligation to maintain Comments in confidence, compensate you, or respond.
You agree your Comments will not violate any rights of third parties (e.g., copyright, trademark, privacy), and will not contain unlawful, abusive, obscene, or malware content. You are solely responsible for your Comments.

10) Personal Information

Your submission of personal information is governed by our Privacy Policy.

11) Errors, Inaccuracies & Omissions

Occasionally there may be errors or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We may correct, update, or cancel orders if information is inaccurate at any time without prior notice (including after you submit an order).
Except as required by law, we have no obligation to update information. Any stated “updated” date should not be taken to indicate that all information has been modified.

12) Prohibited Uses

In addition to other prohibitions in these Terms, you may not use the site or its content:
(a) for any unlawful purpose; (b) to solicit unlawful acts; (c) to violate regulations, rules, or laws; (d) to infringe our or others’ IP rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false/misleading information; (g) to upload viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with security features of the Service or related sites. We may terminate your use for violations.

13) Disclaimer of Warranties; Limitation of Liability

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that results will be accurate or reliable. You agree we may remove the Service for indefinite periods or cancel it at any time without notice.
The Service and all products delivered through it are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement.
To the fullest extent permitted by law, Brillmark, LLC (and its officers, directors, employees, affiliates, agents, contractors, suppliers, and licensors) shall not be liable for any indirect, incidental, punitive, special, or consequential damages (including lost profits, revenue, savings, data, or replacement costs), arising out of or related to your use of the Service or any products purchased, even if advised of the possibility. In jurisdictions that do not allow such exclusions/limitations, our liability shall be limited to the maximum extent permitted by law.

14) Indemnification

You agree to indemnify, defend, and hold harmless Brillmark, LLC and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your breach of these Terms or violation of law or third-party rights.

15) Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted, and the unenforceable portion shall be deemed severed. The remaining provisions shall remain in full force and effect.

16) Termination

These Terms are effective unless and until terminated by you or us. You may terminate at any time by ceasing use of the site and notifying us. If, in our sole judgment, you fail (or we suspect you have failed) to comply with any term, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to the Service (or any part of it).

17) Entire Agreement

These Terms and any policies posted on the site constitute the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous agreements, communications, and proposals (oral or written). Any ambiguities shall not be construed against the drafting party.

18) Governing Law; Venue

These Terms and any separate agreements under which we provide you Services are governed by the laws of the State of California, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Alameda County, California for any disputes arising out of or relating to the Service or these Terms.

19) Changes to Terms of Service

You can review the most current version of these Terms on this page. We may update them at any time by posting changes to our website. It is your responsibility to check for updates. Your continued use of the Service after changes are posted constitutes acceptance.

20) Contact Information

Questions about these Terms should be sent to info@oflara.com or by mail to:
Brillmark, LLC
Attn: Terms of Service
192 Benmore Drive
Hayward, CA 94542
United States