Terms of Use
This website is owned and operated by Otto Tiles and Design LLC. So, wherever, in these pages, you read the term “us”, “we”, or “our”, that refers to the company, Otto Tiles and Design LLC.
In using this website, the “user”, that’s you, agrees to the following terms, policies, conditions, and notices. We provide this website as a service to you, with all the tools and information included, to make your experience with us as simple and enjoyable as possible.
When you visit our site, and/or purchase something from us, you will be engaging our service, and that means that you acknowledge and agree with the terms and conditions that follow. These “terms of service” include any additional terms, conditions, and policies that may be referred to you within our website or available to you through a hyperlink embedded within it.
Whether you are a browser, vendor, merchant, client, or contributor, these terms of service apply to all, and every, user of this website.
We ask you to please take the time to read our terms of service before entering our website, as upon entering you will be bound by them.
We have tried to make all this information as easy to read and understandable as possible, because, if you do not agree with any of these terms, policies, and conditions, then you will be unable to access the website or make use of our services. If, you should consider these terms of service to be some kind of offer, your acceptance is limited expressly to these terms of service.
Any new features or tools that we add to our current website, will also come under these terms of service, the most recent terms of which you can view on this page at any time.
We reserve the right to change, update, or replace, all, or any part, of these terms of service, and confirmation of these alterations will be posted promptly on this site. It is, therefore, your responsibility to check the current terms and conditions before using this website as your continued use or access implies that you have read and accepted the changes to the terms of the agreement.
Terms of service
1. Online store terms
1.1. You must be at least 18 years old to agree to these terms of service. Or you, as a person of majority age, have given your consent that allows a dependant who has not reached such age to use our site.
1.2. You must not use any of our products for any unauthorised or illegal purpose. Nor, in the use of our service, may you use it to break any laws, including, but not exclusive to, copyright laws.
1.3. You must not transmit any codes of a destructive nature into the site, including worms or viruses.
1.4. Any violation, or breach of these terms, will result in the immediate termination of all services to you.
2. General conditions for use
2.1. We maintain the right to refuse service to anyone at any time and for any reason.
2.2. You acknowledge and agree that we may transfer any or part of your content (excluding, of course, your credit card information) unencrypted and that this may involve,
2.2.1. Transmissions over different networks
2.2.2. Changes to adapt to, or conform, with the technical requirements of these connecting networks and/or devices.
2.3. We will always encrypt your credit card information when transferring it over networks.
2.4. You acknowledge and agree that you will not copy, duplicate, reproduce, exploit, sell, or resell any part of this service. Also, that without written permission from us, you will not access the service nor any contact found on the website upon which we offer this service.
3. Accuracy, timeliness, and completeness of all information
3.1. Although we do our best to ensure that all information on this site is current, complete, and accurate, we are not responsible if this is not the case.
3.2. We provide material on this website only for general information and you should not rely upon any information found therein as your sole source on which to base a decision. We recommend that you seek other, preferably primary sources, from which to obtain a more complete, accurate, and up-to-date information to assist you in your decision making.
3.3. If you choose to rely upon the information provided on our website, you should be aware that you are doing so at your own risk and knowledge.
3.4. Our site could contain historical information which may not be current and that we provide solely for your reference.
3.5. We have the right to change website content at any time and do not have an obligation to ensure that information is updated.
3.6. You acknowledge and agree that you have the responsibility to monitor and make yourself aware of any changes to our website.
4. Changes to our service and/or prices.
4.1. We can change the prices of our products without giving prior notice.
4.2. We maintain the right to, at any time, change or discontinue our service (or any part of the content therein) without giving prior notice.
4.3 We have no liability to you, or to another third party, due to a price change, discontinuation, or suspension of our service.
5. Services and products
5.1. Some of our services or products may only be available through our online website.
5.2. Some of these services or products may be available only in limited quantities, and our return policy covers the exchange or return of these items.
5.3. We may, at some times, place a limit on our product sales to any individual person, jurisdiction, or geographical region, without obligation. We reserve the right to exercise this limitation of our service or products.
6. We do our best to accurately display all our products and their colours. However, we are unable to guarantee that the colour displayed on your computer will be an exact match to the actual colour of the item.
7. Product descriptions and pricing may be changed at any time without giving prior notice and at our sole discretion. We also maintain the right to, at any time, discontinue any product.
8. We hope that any products, services, material, or information provided to you by us meet your expectations, but we do not warrant the quality of these items or that we will correct an error in the service provided.
9. Billing and account information accuracy
9.1. We have the right to deny any order that you may place with us.
9.2. At our sole discretion, we can cancel or limit the amount purchased by any one person, order, or household.
9.3. These restrictions apply to orders made by the same individual customer and/or the same credit card and may include orders that have the same shipping and/or billing address.
9.4. If we change or cancel an order, we will make every attempt to notify you using the email, phone number, or billing address that you gave us with our order.
9.5. We have the right to prevent or limit any orders that appear to us to have been placed by distributors, dealers, or resellers.
10. You acknowledge and agree that you will provide complete, current, and correct information regarding your account information and all purchases that you make in our store. Also, you agree to update any changes to your account, and other information, promptly. This includes the numbers of your credit cards and their expiration dates, along with your email address. This will enable us to complete any transactions successfully and to communicate with you easily, should the need arise.
11. Please check out our return policy for more details.
12. Tool Options
12.1. It is possible that we may give you access to third-party tools, however, we have no control or input over these, nor do we monitor them.
12.2. You agree and are aware that we provide access to these tools “as available” and “as is” and that we do not provide any warranty for their use, nor offer conditions or representations of any kind, or endorse said third-party tools.
12.3. Your use of these third-party tools, made available to you through our site, is entirely at your own risk and we have no liability from your choice to use these tools.
12.4. Your decision to use these optional tools is undertaken of your own free will and at your own discretion and risk. We advise that you make yourself familiar with the terms of use of the tools which are provided by third-party providers.
12.5. In the future, we may also offer to provide new features and services through our website. These may include the release of new services and tools and these new services and/or tools will also be subject to the same terms of service mentioned above.
13. Links to third parties
13.1. Some products, services, and content which you will find available through our service may include material provided by third parties.
13.2. Links on our site may direct you to third parties’ websites and you should be aware that these are not affiliated with our site. We take no responsibility for evaluating or checking content on these third-party websites or for any services, products, or materials offered by these third parties.
13.3. Any transaction you undertake with these third parties or any damage or harm that occurs related to the use or purchase of goods, content, resources, or services, with said parties, are not our responsibility, nor do we assume liability.
13.4. Before you engage in any transaction with a third-party site found or linked to on our website, we advise you to review with care their practices and policies to ensure that you are fully informed before engaging in any transaction with them.
13.5. If you have cause to complain or have any questions, claims, or concerns, these should be directed to the third-party site in question.
14. Submissions, comments, and feedback
14.1. If you send specific submissions at our request, entries to competitions for example, or you send without our request any type of suggestions, plans, comments, creative ideas, proposals, and such like, whether by email, online, or by post, you agree that we can use these at any time, without restriction, and you give us your permission to edit, publish, copy, translate, distribute and use in any way, and through any medium, any comments that you send to us.
14.2. We are not obligated, either now or in the future, to
14.2.1. Maintain any comments you send to us in confidence
14.2.2. pay any kind of compensation for comments sent
14.2.3. make any response to comments we receive
14.3. We may edit, monitor, or remove any content that we feel, at our sole discretion, to be offensive, unlawful, defamatory, libellous, obscene, objectionable, or abusive or that violates the intellectual property of any party or violates these terms of service, but we are not obligated to do so.
14.4. You agree that no comment made by you will violate a third-party’s rights, whether through trademark, copyright, personality, privacy or any other proprietary or personal right.
14.5. You agree that no comment made by you will contain any kind of unlawful, libellous, obscene, or abusive material.
14.6. You agree that no comment made by you will contain any computer virus or other type of malware that could affect in any way the normal operation of our service or that of any related website.
14.7. You agree that you will not make use of a false email address, pretend to be someone you are not, or try in any other way to mislead us or any other third parties regarding the origin of your comments.
14.8. You agree that you have sole responsibility for the accuracy of any comments made by you.
14.9. We assume no liability or take any responsibility for any comments that you or another third-party post.
15. Personal Information
Any personal information that you submit through our store is governed by our privacy policy.
16. Errors, omissions, or inaccuracies
16.1. Although we do our best to ensure that none of the above occurs, occasionally, you may find something that is incorrect in our service or on our site. This could include typographical mistakes, omissions, or inaccuracies relating to product descriptions, offers, promotions, pricing, charges for shipping, transit times, or availability.
16.2. We, therefore, reserve the right to make any corrections to any inaccuracies, errors, or omissions and to update or change any information without prior notice.
16.3. We also have the right to cancel any orders that were made at such time that the information on the site, or any related website, was incorrect.
16.4. We are not obliged to update, clarify, or amend any information in our service or that is found on any related website. This includes pricing information without limitation, except on occasions where it is required by law.
16.5. You should not take any refresh date or specified update in our service or on any related website to indicate that all of the information in our service or on any related website has been updated or modified.
17. Uses that are prohibited
As well as all other prohibitions laid out in the terms of service, you are prohibited from using our site or the content therein for any of the following.
17.1. An unlawful purpose
17.2. Solicit another to participate in or perform any kind of unlawful act
17.3. Violate any international, regional, or local laws, rules, or ordinances
17.4. Violate, or infringe upon, our intellectual property rights or those of others
17.5. Abuse, insult, harass, slander, defame, intimidate, disparage, or discriminate upon the basis of gender, religion, sexual orientation, race, national origin, ethnicity, age, or disability
17.6. Submit misleading or false information
17.7. Transmit or upload viruses or any other type of malicious code that could affect the normal functioning of our service or of any related website, any other website, or the internet or could be used to do so
17.8. Track or collect the personal information of other people
17.8.1. Spam, crawl, spider, scrape, pharm or phish.
17.8.2. Immoral or obscene purpose
17.8.3. Interfere with or get around security features of our service or of any related website, any other website, or the internet.
If you violate any of the above listed uses that are prohibited, we have the right to end your use of our service and the use of any related website.
18. Liability limitations and warranties disclaimer
18.1. We do not warrant, guarantee, or represent that the use of our service by you will be secure, uninterrupted, timely or error-free.
18.2. You agree that occasionally we may have to cancel or remove the service for an indefinite period without giving you notice
18.3. You are in express agreement that your ability, or inability, to make use of our service is solely at your own risk
18.4. You are in express agreement that all products and services offered to you through our service are for your own personal use and that, unless we expressly state otherwise, are provided “as available” and “as is”. Furthermore, no warranties, representation, or conditions of any kind are either implied or expressed, including all conditions or warranties of merchantability, quality of merchandise, durability, fitness for purpose, title or non-infringement.
18.5. In no case will the directors, affiliates, officers, agents, employees, interns, contractors, service providers, suppliers or licensors of Otto Tiles and Design LLC be liable for any loss, claim or injury, or any direct, incidental, indirect, special, punitive, or consequential damages of any nature, including, but without limitation to, loss of revenue or profits, lost savings or data, replacement costs or any such damages whether based on contract, strict liability or otherwise, tort (including negligence) due to the use of any part of our service or due to any product purchased through our service. This includes, but is not limited to, any omissions or errors in any content, or damage or loss of any nature incurred by the use of our service or products transmitted, posted, or made in another way available through our service, even if advised of the possibility.
18.6. Our liability is only limited to the maximum extent as defined by the law.
19. Indemnification
You acknowledge and agree to indemnify, hold harmless, and defend Otto Tile and Design and any of our parent companies, affiliates, subsidiaries, partners, directors, officers, licensors, agents, contractors, subcontractors, service providers, suppliers, employees, and interns, harmless with respect to any demand or claim. This includes any reasonable attorney fees made by a third party arising from or due to your breach of any of these terms of service, the documents incorporated in them for reference, or your breaking of any law or violating any rights of a third party.
20. Severability and Termination
20.1. If any part of these terms of service is deemed to be unlawful, unenforceable, or void, this part will be severed from our terms of service, the rest of which will remain enforceable to the full extent that the applicable law provides. This act of severance of an unenforceable part does not affect the enforceability or the validity of the remaining portions.
20.2. For all purposes, any obligations or liabilities of the parties which incur before the date of termination will survive said termination of this agreement.
20.3. These terms of service remain in effect until such time as they are terminated by us or you. At any time, you can advise us that you will no longer be using our services, or you can simply stop using our site.
20.4. We can also terminate this agreement with you, without notice, if we consider, or suspect, that you have not complied with any term that forms part of these terms of service. In such case, you will continue to be liable for all amounts that are due, up to and including the date of the termination, and we may deny you access to all or part of our services.
21. Complete agreement
If we should choose not to enforce or exercise any provision or right within these terms of service, that does not constitute a waiver of said right or provision.
These terms of service, along with any operating rules or policies that we post on our site or regarding our service, constitute the complete agreement and understanding between you and us, and these govern your use of our service. This supersedes any previous and contemporary agreements, proposals, or communications, whether written or verbal, between you and us. This includes but is not limited to, any previous versions of our terms or service.
Any ambiguities or misinterpretation of these terms of service shall not be considered to be the fault of the drafting party.
These terms of service, and any other agreements in which we provide you with a service, are governed by US law, by which we abide.
The current version of our terms of service can be reviewed on our page. We maintain the right to change, update or replace all, any, or part of these terms without prior notice.
You accept full responsibility for checking our website regularly to remain informed of any changes. Your continued access to and use of our website or service means that you accept any changes that have been made to our terms of service.
Last Update: January 1, 2024
