Terms of service
Terms of Use
These Terms of Use apply to the services of Ornata Ltd, having its offices at Colchester, England which are provided through the website of Ornata (hereafter; “the Website”).
1. Applicability of these Terms of Use
1.1 These general terms and conditions apply to the use of the Website, to all offers made by Ornata Ltd and to all agreements to which Ornata Ltd is a party, insofar as the present general terms and conditions have not been deviated from by parties in writing. You accept the applicability of the general terms and conditions by using the website and/or by submitting an order through the Website.
1.2 You are responsible for the filing and printing of the general terms and conditions and the contract, if so desired, by using the facilities made available via the website, and you are also responsible for the accessibility of the filed copy.
1.3 Ornata Ltd has the right to amend these general terms and conditions. Parties shall be bound to the amended general terms and conditions from the day on which these take effect.
2. Website Use
2.1 The website ornatabikes.com and all its sub-domains are the property of Ornata Ltd, which manages them in cooperation with its affiliates, and which manages the online store (“Store”) and all associated online promotional content.
2.2 By using this website, you accept the Legal terms set out below and the Privacy Policy. If you do not accept these terms, please do not use this website.
2.3 We reserve the right to replace, add, update, change or cut part of this document at any time. Please review it from time to be sure you continue to agree with its terms. By using the website after any such change, you accept the change in terms.
All products available for sale on Ornata.com are sold by Ornata Ltd, a Swiss corporation having its offices at Colchester, England
3. Copyright
3.1 All information available on ornatabikes.com, including web pages, texts, pictures, video, music, sounds, drawings, schemes, catalogues, logos, graphics, colors, and layouts (hereinafter: “the Contents”) are the exclusive property of Ornata Ltd according to national and international rules on Copyright and other Intellectual Property.
3.2 Reproducing, publishing, distributing, advertising, modifying, or performing any commercial activities with the Contents without the explicit written permission of Ornata Ltd or its affiliates is strictly forbidden.
3.3 Ornata Ltd has the right, at its discretion, to deny reproduction, publishing, distribution, advertisement, or any commercial exploitation of the Contents, to any other party.
3.4 Every reproduction, publishing, distribution, advertisement, or other commercial exploitation of the Contents carried out with the explicit written permission of Ornata Ltd or its affiliate Ornata Ltd must comply with all relevant rules on Copyright and Intellectual Property.
3.5 Ornata Ltd and its affiliates (hereinafter, “Ornata”) reserve the right to change the Contents, including product features, specifications, models, colors, and materials, at any time without notification. “Ornata” is a registered trademark of Ornata Ltd.
3.6 All other trademarks, brands, slogans, logos, and commercial names on the website are registered to Ornata or to their respective owners or license holders. None of trademarks, brands, slogans, logos, or commercial names can be used without prior written permission by their owner.
4. Agreement entering into force
4.1 All offers made by Ornata are free of engagement. The agreement shall take effect as soon as Ornata has confirmed the order placed by you. Said confirmation can either be done in writing or through an electronic medium (e.g. e-mail).
4.2 The agreement between you and Ornata comprises these general terms and conditions, the invitation published by Ornata on its website and any further written arrangements made.
4.3 If you fail to provide all the data Ornata has asked for or for any other reason, Ornata has the right to accept or refuse your order as it sees fit.
5. Prices and payment
5.1 Via the Website you will pay the price specified in the agreement for the services ordered. Payment takes place in the manner specified by Ornata on the Website and within the term stated there. If an order is placed by credit card, the credit card account will be verified at the time the order is placed. If your credit card is declined Ornata will not complete the transaction.
5.2 For items shipped within European Union, all prices include VAT and other levies unless specified otherwise. The prices mentioned on the Website and in advertisements may be changed without prior notification. The price charged for an order will be the price in effect at the time the order is made.
5.3 For items shipped outside the European Union,, all prices do not include local taxes or import fees.
5.4 In the event of untimely payment or failure to pay, you shall be in default, without proof of default having to be served.
5.5 Orders are processed only upon full receipt of your payment.
6. Performance of services
6.1 You are obliged to do all that is necessary to allow Ornata to make a timely delivery, including the timely, complete, correct and clear provision of data.
6.2 Orders received by Ornata shall be completed within the period as specified by Ornata on the Website and/or in the confirmation of your order. Delays in the delivery time, however, do not give you the right to cancel the order placed or to claim damages.
6.3 All materials provided by Ornata shall remain property of Ornata or its suppliers until the amount due under the agreement has been paid in full, including any interest and collection fees incurred.
6.4 Unless expressly agreed in writing, Ornata shall not be in default if it fails to comply with any agreed term.
7. Shipping
7.1 When products are shipped to you by common carrier, Ornata's liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier's terms and conditions of carriage.
7.2 Our warranty conditions are described in our warranty policy. You are considered to have read and understood this warranty policy.
8. Limitation of liability
8.1 The total liability of Ornata due to imputable failure to observe the agreement between yourself and Ornata, shall remain limited to reimbursement of the purchase price you have paid for the products in question (exclusive of VAT). Also, Ornata will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), and strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
8.2 You indemnify Ornata for any claims from third parties concerning compensation of damages, costs and interest, relating to or arising out of your agreement with Ornata or the use of the products purchased by you.
8.3 Clauses 8.1 and 8.2 do not apply insofar as the applicable damage is caused by willful intent or gross negligence of Ornata or its managers.
9. Force majeure
9.1 Ornata shall not be liable for delay in performing or failure to perform any of its obligations under this agreement if the delay or failure results from events or circumstances outside its reasonable control. Such events or circumstances shall include without limitation a failure to perform of (one of) Ornata's suppliers or subcontractors. Such delay or failure shall not constitute a breach of this agreement and time for performance shall be extended by time equivalent to the length of the delay caused by force majeure.
10. Cancellation right
10.1 You may cancel your agreement with Ornata within 7 days of receipt of Ornata's confirmation, by notifying Ornata at info@ornatabikes.com. Ornata shall send you a return form by e-mail or fax, which you shall complete and return to Ornata within 15 days and according to Ornata’s instructions. If the products have already been sent to you, you shall return these products to Ornata to an address provided by Ornata. Any products that are returned, must be packed in original shipping containers and including all accessories. Packaging must also include a copy of the return form as mentioned here above. Shipping must take place freight prepaid and insured at your own cost. Upon receipt of the returned product(s), Ornata shall reimburse the price paid for the product(s) within 30 days.
10.2 If paid by credit card, a credit card fee of 3% may be applied.
10.3 Ornata reserves the right to charge a restocking fee of $/EUR/CHF 20 for accessories and clothing and $/EUR/CHF 50 for frames and complete bikes.
11. Intellectual property rights
11.1 The Intellectual Property rights to all products that Ornata provides to you within the scope of the agreement between yourself and Ornata, remain with Ornata or its licensors. You are not allowed to remove, alter or otherwise affect the visibility of Ornata’s name, logo or any (other) reference to Ornata’s intellectual property rights.
11.2 By submitting content including but not limited to images and texts to the Ornata Owners' Bicycle Showcase, the Ornata blog & updates and/or other Ornata Website sections via the submission forms on the Ornata Website, you confirm that you hold the intellectual property right to this content. By submitting any content to the Ornata website, you grant the right to Ornata to use this content on its website as well as on social media platforms or other common platforms without any fee and in perpetuity. Depending on the use of the content and in Ornata's discretion, you may or may not be identified as the creator.
12. Privacy
12.1 To Ornata’s use of your personal information, Ornata’s privacy policy applies. You are considered to have read and understood this privacy policy and to agree with the use of your personal information as described in this privacy policy.
13. Applicable law
13.1 The (legal) relationship between Ornata and yourself shall be subject to the law of Switzerland regardless of its conflict of law principles. The applicability of the Vienna Convention on the International Sale of Goods is expressly excluded.
13.2 Any disputes resulting from the relationship referred to in the previous paragraph shall exclusively be submitted to the competent court within the Canton of Basel.
14. General
14.1 If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
14.2 These terms and conditions may not be modified, altered or amended without the written agreement of Ornata.