Terms of service

OVERVIEW

Welcome to Ocean Tailored! The terms “we”, “us” and “our” refer to Ocean Tailored LLC, doing business as Ocean Tailored.

Ocean Tailored operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Ocean Tailored is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you have given consent for any minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing, payment and shipping information. You represent that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for activity occurring through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to accurately represent our products and services. However, colours and product appearance may differ depending on your screen, device settings, lighting and other factors.

Many Ocean Tailored products are customisable, made to order or made to measure. Product photographs, illustrations, colours, 3D Builder renderings and digital previews are provided as visual representations. Due to differences in screens, materials and the handmade manufacturing process, minor variations in colour, panel positioning, proportions and appearance may occur in the finished product.

Customisation options and available materials may vary by product, thickness, size, construction and intended use.

All product descriptions are subject to change without notice. We reserve the right to discontinue products or options and to limit quantities or availability by person, geographic region or jurisdiction.

Nothing in this section limits your rights in relation to defective, incorrectly manufactured or misdescribed products under applicable consumer law.

SECTION 3 – ORDERS, CUSTOMISATION AND MEASUREMENTS

When you place an order, you are making an offer to purchase. Ocean Tailored reserves the right to accept or decline an order where permitted by law. Your order is accepted when we confirm acceptance and successfully process the required payment.

Please review your order carefully before submitting it.

Many Ocean Tailored products are custom-made or made to order. Once materials have been allocated, cutting has begun or production has started, an order cannot normally be cancelled or materially changed.

Customers are responsible for reviewing and confirming their selected size, measurements, colours, thickness, entry system, options, personalisation and other customisation details before production begins.

Where a customer supplies body measurements for a custom-fit product, the customer is responsible for ensuring that those measurements are complete and accurate. If a product has been manufactured correctly according to the measurements supplied and confirmed by the customer, a resulting fit issue caused by inaccurate customer-supplied measurements is not considered a manufacturing defect.

If Ocean Tailored makes a manufacturing error, produces an item materially inconsistent with the confirmed order specifications, or supplies a defective product, we will provide an appropriate remedy in accordance with our Shipping & Returns Policy and applicable consumer law.

Purchases, cancellations, returns and exchanges are subject to our Shipping & Returns Policy.

Nothing in this section excludes or limits any mandatory cancellation, refund, replacement or other consumer rights that apply under applicable law.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price applicable to your purchase will be the price shown when the order is placed, subject to correction of obvious errors.

Prices, shipping charges, taxes, duties and other applicable charges will be presented in accordance with the information displayed on our website, at checkout and in our Shipping & Returns Policy.

Where international shipping or duties are expressly stated to be included in the advertised price or order, no separate charge will apply for those items, subject to the conditions stated in our Shipping & Returns Policy.

Prices offered online may differ from prices offered through physical locations, distributors, dealers, wholesale arrangements or third-party retailers.

You agree to provide current, complete and accurate purchase, payment and account information. You represent that you are authorised to use any payment method provided for your purchase and agree to pay all charges properly incurred in connection with your order.

SECTION 5 – PRODUCTION, SHIPPING AND DELIVERY

Many Ocean Tailored products are produced specifically for each customer. Production and delivery times shown on our website or provided to customers are estimates and are not guaranteed unless expressly agreed otherwise in writing.

Delays may occasionally occur due to production requirements, material availability, customs processing, carriers or circumstances outside our reasonable control.

Please refer to our Shipping & Returns Policy for current production estimates, shipping information, duties, taxes, delivery issues, cancellations, returns and manufacturing-error procedures.

Nothing in this section limits any rights or remedies available to you under applicable consumer law.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including trademarks, brands, text, images, graphics, photographs, product designs, wetsuit designs, customisation interfaces, video, audio and the design and arrangement thereof, are owned by Ocean Tailored, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, republish, commercially exploit or create derivative works from material on the Services without our prior written consent, except where permitted by law.

Nothing in these Terms grants you a licence or other right to any patent, trademark, copyright, design or other intellectual property belonging to Ocean Tailored, Shopify or any third party.

Ocean Tailored's names, logos, product and service names, designs and slogans are trademarks or intellectual property of Ocean Tailored or its affiliates or licensors. Shopify's names, logos and related intellectual property belong to Shopify. All other trademarks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, including customisation, payment or other functionality.

We may provide access to such tools “as is” and “as available” and, to the extent permitted by law, are not responsible for third-party tools outside our reasonable control.

Your use of third-party tools may also be subject to the terms and policies of the relevant third-party provider.

We may introduce new features, tools and resources through the Services. Such features will also form part of the Services and be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials, integrations or links to websites operated by third parties.

We are not responsible for the content, accuracy, policies or practices of third-party websites or services outside our control.

If you access a third-party website or service, you should review its applicable terms and privacy policies before entering into a transaction or providing personal information.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Ocean Tailored is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Ocean Tailored.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Ocean Tailored, including any injury, damage or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Ocean Tailored, to the extent permitted by applicable law.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside your country of residence, as described in our Privacy Policy.

Please review our Privacy Policy for more information about how Ocean Tailored, Shopify and our service providers process personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals or other content (“Feedback”), you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes including operating, improving and promoting the Services.

You represent that you own or have the necessary rights to provide the Feedback and that it does not violate applicable law or the rights of any third party.

We may monitor, edit or remove Feedback that we reasonably determine is unlawful, offensive, defamatory, obscene, misleading or infringes the rights of another person.

You remain responsible for Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability or other information.

We reserve the right to correct errors, inaccuracies or omissions and to update information where necessary.

Where an error affects an order already submitted, we will act in accordance with applicable law and contact you where appropriate.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other rights; transmit malicious code; engage in fraud or misleading activity; harass or harm another person; collect personal information unlawfully; interfere with the security or operation of the Services; or attempt to gain unauthorised access to any part of the Services.

You may not reproduce, scrape, extract, copy, sell, resell or commercially exploit substantial portions of the Services or use automated systems, robots, spiders or similar technologies to access the Services in violation of these Terms or technical restrictions we have implemented.

We may suspend or terminate access where we reasonably determine these Terms have been violated.

SECTION 14 – AGENTS

This section applies if you use, allow or deploy software or services that take autonomous or semi-autonomous action on your behalf (“Agents”) to access or interact with the Services.

Agents must identify themselves appropriately, must not conceal or misrepresent automated access, and must not circumvent CAPTCHAs, access controls, robot exclusions or other technical measures used to manage automated access.

We may restrict or prevent access by Agents where reasonably necessary to protect the Services, our customers or our systems.

SECTION 15 – TERMINATION

We may suspend or terminate access to the Services where permitted by law, including where these Terms have been materially violated.

You remain responsible for amounts properly due before termination.

Provisions that by their nature should survive termination, including those relating to intellectual property, liability, indemnification, privacy and governing law, will continue to apply.

SECTION 16 – DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes or limits warranties, guarantees or consumer rights that cannot lawfully be excluded or limited.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OCEAN TAILORED LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR SIMILAR LOSSES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THE ABOVE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, OR ANY MANDATORY RIGHTS OR REMEDIES AVAILABLE TO CONSUMERS.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Ocean Tailored LLC, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims arising from your material breach of these Terms, your violation of applicable law or your infringement of the rights of a third party.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted on the website and incorporated by reference, constitute the agreement between you and Ocean Tailored regarding your use of the Services, subject to any additional terms expressly agreed in writing.

SECTION 21 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations where permitted by applicable law, including in connection with a merger, acquisition, restructuring or sale of the business.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California and applicable federal laws of the United States.

Nothing in these Terms deprives a consumer of any mandatory rights or protections available under the laws applicable to them that cannot lawfully be excluded by agreement.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect their interpretation.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We may update these Terms from time to time to reflect changes to our Services, business practices or legal requirements.

Where required by applicable law, we will provide notice of material changes. Continued use of the Services following the effective date of updated Terms constitutes acceptance of those changes where permitted by law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Ocean Tailored LLC
Doing business as Ocean Tailored
16691 Gothard St, Unit Y
Huntington Beach, CA 92647
United States
Email: info@oceantailored.com
Phone: +1 714-203-3526