Terms and Conditions
By using this website (www.oyemwen.com), you (customer) agree to be and are bound by these Terms and Conditions policies. We (Oyemwen) reserve the right to alter these Terms and condition at any time and recommend that you read through them each time before using our website. These Terms and Conditions will apply to all items purchased on our website.
ELIGIBILITY TO ORDER
To place an order on www.oyemwen.com, you must be of legal age in your country and able to legally enter into this contract.
OUR RIGHTS TO CANCEL OR OBJECT AN ORDER
The fulfillment of all orders are subject to availability and correct information provided by each customer. We reserve the right to cancel or object for the following reasons, and shall not be held liable for any damage or costs:
- Your billing information is incorrect or cannot be verified;
- Your billing address does not match your shipping address that was selected for the delivery of your goods;
- Your payment is unable to be processed or cancelled;
- Your payment experiences a chargeback initiated by you or by your bank;
- The address that you provided is undeliverable; or
- Due to an event outside of our control.
CREDIT CARD AUTHORIZATION
By using www.oyemwen.com , you agree that your card shall be charged for any order placed on our website. Any payment rendered shall constitute payment in full for the products purchased. Due to each order being constructed when ordered, you understand and agree that all payments are nonrefundable.
Custom Style Orders. You agree that you have approved your custom style order including but not limited to the order’s style, color, fabric, design and measurements before submitting payment for your order. Further, you agree that you signed a Custom Style Agreement acknowledging that there are no refunds, and that you will not dispute any charges related to that order.
Chargebacks. You agree that you have approved and placed this order on our website using a card by which your shipping address matches your billing address. You agree that prior to purchasing from our website, that you have conducted measurements in accordance with our size chart and acknowledge that you are waiving your ability to dispute any charge if the garment does not fit, as that would be due to your negligence. You further agree that you are waiving your ability to file any disputes of any charges from www.oyemwen.com or chargebacks with your bank, PayPal, or any other third-party.
If frivolous or fraudulent disputes or chargebacks are filed, we will pursue legal action in court and request full payment plus any attorney fees incurred.
Disputes Regarding Fees. If we seek outside counsel or a debt collection agency to resolve any disputes regarding unpaid fees, you shall be responsible for the payment of the past due fee and any attorney or debt collection agency fees incurred to collect the debt. An accrued interest fee of 10% per day from the initial due date of your order will apply.
Card Authorization. By reading these Terms and Conditions and continuing with your purchase, you provide Oyemwen with the permission to debit your account for all products associated with your order on our website. This is permission for a single transaction only and does not provide authorization for any additional unrelated debits or credits to your account.
SHIPPING AND BILLING ADDRESS
Each customer’s shipping address must match the billing address of the credit card that was used for their purchase. Any order which contains a different shipping and billing address will be cancelled.
SHIPPING AND HANDLING POLICY
We ship orders via USPS (Domestic), FedEx and DHL (International), after the 14-28 business days processing time. Expedited service may be available for an additional fee. Please DM @shopoyemwen on Instagram or email firstname.lastname@example.org for additional details. Domestic shipping within the United States costs Twenty Dollars ($20.00) and is expected to be delivered within 2-7 business days after shipment. International Shipping costs Eighty-Five Dollars ($85.00) and is expected to be delivered within 3-15 business days after shipment. Carrier is solely liable for shipment times; therefore your package may be delivered outside of the estimated timeframes provided above. Shipping confirmation and tracking information will be provided by our automated system via email when your order ships. We save all tracking numbers on file due to the likelihood of the tracking email being delivered to your email’s spam folder. If you did not receive your tracking number for your order, please check your email’s spam folder or contact us via email at email@example.com. With the use of the tracking number provided, your package can be tracked on the carrier’s website. We ship internationally via DHL and is not responsible for any fees (custom fees or taxes) associated with the shipment upon delivery. All shipping charges are non-refundable as it is a carrier charge.
All requests for expedited services must be made prior to placing an order. We reserve the right to approve of decline requests for expedited services based on the availability of products necessary for the construction of the garment.
CANCELLING OR CHANGING ORDER
Each garment is made and processed at the time your order is placed; therefore, we cannot accept any order cancellations or changes once an order has been made.
Each order takes approximately 14-28 business days to construct before it is provider to the carrier for shipment. If this garment is for a special occasion, please ensure that you plan accordingly to reduce the risk of not receiving the garment on time. If you desire to expedite your order, please contact us via email firstname.lastname@example.org or Instagram DM @ShopOyemwen to place a custom order.
TITLE TRANSFER & LOSS OF RISK
The title and risk of loss for any products purchased on our website shall pass to you upon our delivery to the carrier. Due to this transfer of title and risk, we shall not be held liable for any packages damaged or loss in transit. However, we do provide insurance for each package and may work with the carrier to remedy the situation on your behalf. You shall be responsible for providing required documentation and pictures to assist with any insurance claims that may be made on your behalf. We shall not be held liable for any delays or damages experienced as a result of the damaged or lost products.
Upon delivery, please inspect the package for damages that may have been caused by carrier. If your products appear to be damaged, please collect proper documentation and do not accept the shipment from the carrier.
We are not liable for the outcome of carrier’s investigation or the results of the insurance claim, regardless of any evidence that may have been provided.
SIZING AND MEASUREMENT REQUIREMENTS
Each garment is made to order and constructed based on the measurements associated with the size selected by the customer. We recommend that each customer utilize the size chart and measure themselves to ensure that the correct garment size is selected before purchasing.
Incorrect size selection does not constitute the ability to file chargeback dispute or refund.
OUR EXCHANGE POLICY
Construction of each garment begins immediately after purchase - hence we cannot offer refunds or cancellations. We’ll gladly accept unworn, unwashed, merchandise purchased from Oyemwen.com for size exchange only. We offer a one-time exchange only and that includes size exchanges. Eligible items (custom made to order styles) received at our warehouse within fourteen (14) days after delivery, will qualify for size exchange only. This applies to all orders immediately after purchase. Please note: For styles not displayed, and colors not selected from the color chart on our website shall be constituted as a custom style order and will only qualify for size alterations. Original shipping fees are also non-refundable and will not be included as part of the store credit. Exchange shipping is $40 which covers shipping back the original garment and receiving the new garment. A prepaid label will be provided for the return. Please note that construction time for a size adjustment can take 14-28 business days. Each customer shall only be allowed one (1) exchange per original purchase.
CUSTOM STYLE ORDERS/ CUSTOM COLOR SELECTIONS
Orders for any garment that does not align with the color or styles options listed on our website will be considered a custom style order. An executed custom style order agreement and approval of garment fabric and colors are required before any custom style order will be processed.
If no custom color is specified through direct message or order notes, we will assume that you want the garment to be the same color as pictured on our website. Please note that in this case, we reserve the right to follow the original color unless we receive specific instructions to do otherwise.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions and any and all disputes, issues, controversies, or matters arising herefrom, related hereto, or otherwise arising from or related to our website, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia. You agree that the state and federal courts sitting in the State of Georgia shall be the exclusive forum for the resolution of any and all disputes, issues, controversies or matters arising herefrom, related hereto, or otherwise arising from or related to our website. You are further waiving your ability to file any class action.
All or any disputes arising out or touching upon or in relation to these Terms and Conditions of our website, including the interpretation and validity of the Terms and Conditions thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion. If no agreement is reached through discussion, the same shall be settled through mediation. No claim or action shall be filed before first following this dispute resolution procedure. Moving party shall be responsible for any mediation, attorney or court fees associated with the claim(s).