Terms of Service

Please read these terms carefully before using our services. By accessing or using Ocean Bloom Designs, you agree to be bound by these terms.

Last Updated: December 15, 2024

1. Acceptance of Terms

Welcome to Ocean Bloom Designs. These Terms of Service ("Terms") constitute a legally binding agreement between you and Ocean Bloom Designs ("we," "us," or "our") regarding your access to and use of our website, products, and services.

1.1 Agreement to Terms

By accessing our website at https://your-domain.com, creating an account, making a purchase, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not access or use our services.

1.2 Eligibility

You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you are of legal age to form a binding contract with Ocean Bloom Designs. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Important: These Terms may be updated from time to time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

1.3 Additional Terms

Certain features of our services may be subject to additional terms and conditions, which will be presented to you at the time you access those features. Those additional terms are incorporated into these Terms by reference.

2. Description of Services

Ocean Bloom Designs operates an e-commerce platform specializing in women's swimwear, beachwear, and beach accessories. Our services include but are not limited to:

2.1 Product Offerings

  • Women's Swimwear: Including one-piece swimsuits, bikinis, tankinis, and sports swimwear designed for both fashion and functionality
  • Beachwear: Cover-ups, beach dresses, sarongs, and casual beach attire
  • Beach Accessories: Beach bags, hats, sunglasses, and other complementary items
  • Seasonal Collections: Trendy swimwear collections updated regularly to reflect current fashion trends

2.2 Online Shopping Experience

We provide a comprehensive online shopping platform that allows you to browse our catalog, view detailed product information, read customer reviews, and make secure purchases. Our website features advanced filtering options, size guides, and styling recommendations to help you find your perfect beach look.

2.3 Customer Support

Our customer service team is available to assist you with product inquiries, order tracking, sizing questions, and any other concerns. We strive to provide responsive and helpful support through multiple channels including email, phone, and live chat.

Service Availability: While we strive to maintain continuous service availability, we reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We are not liable for any modification, suspension, or discontinuation of services.

2.4 Product Information Accuracy

We make every effort to ensure that product descriptions, images, colors, sizes, and prices displayed on our website are accurate. However, we do not warrant that product descriptions or other content on our website are error-free, complete, or current. Colors may vary slightly due to monitor settings and photography lighting conditions.

3. Account Registration and Security

Creating an account with Ocean Bloom Designs provides you with access to enhanced features and a personalized shopping experience.

3.1 Account Creation

To create an account, you must provide accurate, current, and complete information as requested in our registration form. This includes your name, email address, shipping address, and payment information. You agree to maintain and promptly update your account information to keep it accurate and current.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to:

  • Choose a strong, unique password that is not used for other online accounts
  • Not share your password with any third party
  • Notify us immediately of any unauthorized access to or use of your account
  • Log out of your account at the end of each session, especially when using shared or public computers

3.3 Account Responsibility

You are solely responsible for all activities that occur under your account, whether or not you authorized such activities. We are not liable for any loss or damage arising from your failure to maintain account security. You agree to indemnify us against any claims arising from unauthorized use of your account.

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms, engaged in fraudulent activity, or for any other reason at our sole discretion. Upon termination, your right to use our services will immediately cease.

4. Purchases and Payment Terms

When you make a purchase through Ocean Bloom Designs, you agree to the following terms regarding pricing, payment, and order processing.

4.1 Pricing and Availability

All prices displayed on our website are in Japanese Yen (JPY) unless otherwise stated. Prices are subject to change without notice. We reserve the right to modify prices at any time, but price changes will not affect orders that have already been confirmed.

Product availability is subject to change. While we strive to maintain accurate inventory information, items may become unavailable after you place an order. If an item becomes unavailable after your order is placed, we will notify you promptly and offer alternatives or a full refund.

4.2 Order Acceptance

Your receipt of an order confirmation email does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to:

  • Product unavailability or stock limitations
  • Errors in product or pricing information
  • Suspected fraudulent or unauthorized transactions
  • Inability to verify payment information
  • Restrictions on quantities available for purchase

4.3 Payment Methods

We accept various payment methods including major credit cards (Visa, Mastercard, American Express, JCB), debit cards, and other payment services as displayed at checkout. By providing payment information, you represent and warrant that:

  • You are authorized to use the payment method provided
  • The payment information you provide is accurate and current
  • You will pay all charges incurred by you or any users of your account

4.4 Payment Processing

Payment is processed at the time of order placement. Your payment method will be charged for the total amount including product price, applicable taxes, and shipping fees. We use secure payment processing systems to protect your financial information.

Tax Information: Applicable sales taxes, consumption taxes, or VAT will be calculated and added to your order total based on your shipping address and local tax regulations. Tax rates are subject to change based on government regulations.

4.5 Promotional Codes and Discounts

Promotional codes and discounts are subject to specific terms and conditions, including expiration dates and usage limitations. Promotional codes cannot be combined unless explicitly stated. We reserve the right to cancel or modify promotions at any time.

5. Shipping and Delivery

Ocean Bloom Designs is committed to delivering your orders promptly and securely. Please review our shipping policies carefully.

5.1 Shipping Locations

We currently ship to addresses within Japan and select international locations. Shipping availability and costs vary by destination. International orders may be subject to customs duties, import taxes, and fees imposed by the destination country, which are the responsibility of the recipient.

5.2 Shipping Methods and Timeframes

We offer several shipping options with varying delivery timeframes:

  • Standard Shipping: 5-7 business days within Japan
  • Express Shipping: 2-3 business days within Japan
  • International Shipping: 7-21 business days depending on destination

Delivery timeframes are estimates and not guaranteed. Actual delivery times may vary due to factors beyond our control, including weather conditions, customs delays, carrier issues, or other unforeseen circumstances.

5.3 Shipping Costs

Shipping costs are calculated based on order weight, dimensions, destination, and selected shipping method. Shipping fees will be displayed at checkout before you complete your purchase. We occasionally offer free shipping promotions subject to minimum order requirements or other conditions.

5.4 Order Tracking

Once your order ships, you will receive a shipping confirmation email with tracking information. You can track your package through our website or the carrier's tracking system. Please allow 24-48 hours for tracking information to become active.

5.5 Delivery Issues

If you experience delivery issues such as lost, damaged, or stolen packages, please contact our customer service team immediately. We will work with the shipping carrier to resolve the issue. For lost or stolen packages, we may require you to file a claim with the carrier or local authorities.

Address Accuracy: You are responsible for providing accurate and complete shipping information. We are not responsible for delays or non-delivery resulting from incorrect or incomplete addresses. Address changes may not be possible once an order has shipped.

6. Returns and Refunds

We want you to be completely satisfied with your purchase. If you're not happy with your order, we offer a comprehensive return and refund policy.

6.1 Return Eligibility

Items may be returned within 30 days of delivery for a refund or exchange, subject to the following conditions:

  • Items must be unworn, unwashed, and in original condition with all tags attached
  • Swimwear must have the hygiene liner intact and undamaged
  • Items must be returned in original packaging when possible
  • Proof of purchase (order confirmation or receipt) must be provided

6.2 Non-Returnable Items

For hygiene and safety reasons, the following items cannot be returned:

  • Swimwear with removed or damaged hygiene liners
  • Items marked as final sale or clearance
  • Personalized or custom-made items
  • Items damaged due to misuse or normal wear
  • Gift cards and promotional items

6.3 Return Process

To initiate a return, please contact our customer service team with your order number and reason for return. We will provide you with return instructions and a return authorization number. Returns without authorization may not be processed.

You are responsible for return shipping costs unless the return is due to our error (wrong item shipped, defective product, etc.). We recommend using a trackable shipping method and purchasing shipping insurance for valuable returns.

6.4 Refund Processing

Once we receive and inspect your return, we will process your refund within 5-10 business days. Refunds will be issued to the original payment method. Please note that it may take additional time for your financial institution to post the refund to your account.

Shipping costs are non-refundable except in cases where the return is due to our error. If you received free shipping on your original order, the actual shipping cost will be deducted from your refund.

6.5 Exchanges

We offer exchanges for different sizes or colors of the same item, subject to availability. To request an exchange, follow the return process and indicate your exchange preference. We will ship the exchange item once we receive your return.

7. Intellectual Property Rights

All content on the Ocean Bloom Designs website, including but not limited to text, graphics, logos, images, product designs, and software, is the property of Ocean Bloom Designs or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

7.1 Trademarks

Ocean Bloom Designs, our logo, and other marks used on our website are trademarks or registered trademarks of Ocean Bloom Designs. You may not use these marks without our prior written permission. All other trademarks appearing on our website are the property of their respective owners.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not include:

  • Resale or commercial use of our website or its contents
  • Collection and use of product listings, descriptions, or prices
  • Derivative use of our website or its contents
  • Downloading or copying of account information for the benefit of another merchant
  • Use of data mining, robots, or similar data gathering and extraction tools

7.3 User-Generated Content

If you submit reviews, comments, photos, or other content to our website, you grant Ocean Bloom Designs a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent that you own or have the necessary rights to the content you submit.

7.4 Copyright Infringement

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us with detailed information about the alleged infringement.

8. User Conduct and Responsibilities

When using our services, you agree to conduct yourself in a lawful and respectful manner. You are prohibited from engaging in any of the following activities:

8.1 Prohibited Activities

  • Violating any applicable laws, regulations, or third-party rights
  • Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity
  • Interfering with or disrupting our services or servers
  • Attempting to gain unauthorized access to our systems or user accounts
  • Using automated systems or software to extract data from our website (screen scraping)
  • Transmitting viruses, malware, or other harmful code
  • Engaging in fraudulent activities or making false claims
  • Harassing, threatening, or abusing other users or our staff
  • Posting or transmitting offensive, defamatory, or inappropriate content

8.2 Product Reviews and Ratings

We encourage honest reviews and ratings from our customers. When submitting reviews, you agree to:

  • Provide truthful and accurate information based on your personal experience
  • Not post reviews for products you haven't purchased or used
  • Not include offensive language, personal attacks, or inappropriate content
  • Not include promotional content or links to other websites
  • Not submit reviews in exchange for compensation (except for legitimate product testing programs)

We reserve the right to remove reviews that violate these guidelines or for any other reason at our discretion.

8.3 Consequences of Violations

Violation of these conduct rules may result in immediate termination of your account, cancellation of orders, and legal action if necessary. We reserve the right to report illegal activities to law enforcement authorities.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.1 Information Collection

We collect information that you provide directly to us, such as when you create an account, make a purchase, or contact customer service. This may include your name, email address, shipping address, payment information, and communication preferences.

9.2 Information Use

We use your information to:

  • Process and fulfill your orders
  • Communicate with you about your orders and account
  • Provide customer support
  • Send marketing communications (with your consent)
  • Improve our products and services
  • Detect and prevent fraud
  • Comply with legal obligations

9.3 Data Security

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

9.4 Your Rights

Depending on your location, you may have certain rights regarding your personal information, including the right to access, correct, delete, or restrict the processing of your data. To exercise these rights, please contact us using the information provided in the Contact section.

Cookie Policy: We use cookies and similar technologies to enhance your browsing experience, analyze site traffic, and personalize content. You can control cookie settings through your browser preferences. For more information, please see our Privacy Policy.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Ocean Bloom Designs and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services.

10.1 Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that:

  • Our services will be uninterrupted, secure, or error-free
  • The results obtained from using our services will be accurate or reliable
  • The quality of products or services will meet your expectations
  • Any errors in our website or services will be corrected

10.2 Limitation of Damages

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Ocean Bloom Designs in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Ocean Bloom Designs and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations

10.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11. Termination

These Terms remain in effect until terminated by either you or Ocean Bloom Designs.

11.1 Termination by You

You may terminate your account at any time by contacting our customer service team or through your account settings. Upon termination, you will no longer have access to your account, order history, or saved information.

11.2 Termination by Us

We may suspend or terminate your account and access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Fraudulent or illegal activity
  • Requests by law enforcement or government agencies
  • Discontinuation or material modification of our services
  • Unexpected technical or security issues

11.3 Effect of Termination

Upon termination, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Termination does not affect any outstanding orders or obligations. You remain responsible for any charges incurred prior to termination.

12. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or related to these Terms or our services shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.

12.1 Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or our services shall be brought exclusively in the courts located in Tokyo, Japan. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

12.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our services, we encourage you to first contact our customer service team to seek an informal resolution. We are committed to working with you to resolve disputes amicably.

12.3 Arbitration

If we cannot resolve a dispute informally, you agree that any dispute shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The arbitration shall take place in Tokyo, Japan, and shall be conducted in English or Japanese.

12.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Ocean Bloom Designs regarding your use of our services and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Ocean Bloom Designs.

13.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

13.6 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

13.7 Electronic Communications

By using our services, you consent to receive electronic communications from us. These communications may include notices about your account, orders, and promotional messages. You agree that all agreements, notices, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please don't hesitate to contact us. We're here to help and ensure you have the best possible experience with Ocean Bloom Designs.

Ocean Bloom Designs
3-15-5 Shibuya, Shibuya-ku, Tokyo, 150-0005, Japan
+81 3-3406-3511
support@yeldurawhisperer.com

Our customer service team is available Monday through Friday, 9:00 AM to 6:00 PM JST. We typically respond to inquiries within 24 business hours.

Contact Us

Thank you for choosing Ocean Bloom Designs. We appreciate your business and are committed to providing you with exceptional products and service. By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.