Welcome to our website, Okinos® Pc Case, Aqua 3 Case, Case, Fans! We are excited to have you visit and shop with us. Before using our site, please read these Terms and Conditions carefully.
1. Introduction
These Terms and Conditions (“Terms”) govern your access to and use of our website okinospc.shop (the “Site”) and our online store services (the “Services”). The Site and Services are owned and operated by Okinos.
By using the Site or Services in any manner, including browsing, accessing content, making purchases, or registering for an account, you agree to comply with and be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Site or Services.
1.1. Definitions
- “Okinos”, “we”, “us”, or “our” refers to the owner of the Site and provider of the Services.
- “You” or “your” refers to the user or viewer of the Site or customer of the Services.
- “Content” includes text, images, videos, audio, or any other media or data made available on the Site or through the Services.
- “Personal Information” is any information that identifies or can be used to identify, contact, or locate you, including your name, address, email address, phone number, etc.
1.2. Eligibility and Authority
The Site and Services are intended solely for users who are 18 years of age or older. Any access or use by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.
By using the Site or Services, you represent and warrant that:
- You are 18 years or older.
- Your use and access complies with any and all applicable laws and regulations.
- You have the legal right and authorization to enter these Terms as an agreement.
- You will use the Site and Services in a manner consistent with any applicable laws.
2. Intellectual Property Rights
The Site and Services contain copyrighted material, trademarks, and other proprietary information of Okinos and its licensors. Except where otherwise specified, we own intellectual property rights in the:
- Site, Services, and all source code, software, applications, templates, and content.
- Look, feel, designs, organization, and graphics of the Site.
- Data, content, information, photographs, images, audio, videos, etc. provided on the Site or Services.
- Trademarks, logos, service marks, trade names, and other branding elements.
You do not have any right to use our intellectual property except as explicitly stated in these Terms. All rights not expressly granted are reserved.
2.1. Content License
We grant you a limited, revocable, non-exclusive license to access and make personal use of the Site and Content for lawful purposes. You may not modify, copy, distribute, transmit, display, publish, sublicense, create derivative works from, transfer, or sell any Content unless you obtain our prior written consent.
3. Site Access and Use
3.1. Site Availability
We aim for continuous availability of the Site but cannot guarantee it will be up and running 100% of the time. We may suspend or restrict access to the Site for maintenance, upgrades, emergencies, or various other reasons at our discretion.
3.2. Account Registration
Certain features or services offered through the Site may require you to register for an account. When registering, you must provide accurate and complete information. You are solely responsible for any activity on your account and must safeguard your login credentials.
We reserve the right to suspend, deactivate, or delete your account if any information provided during registration proves to be inaccurate, incomplete, or false. You must promptly update your account information whenever it changes.
3.3. Order Processing
We may require additional information from you prior to processing an order or fulfilling a product purchase. If there will be a significant delay in processing your order due to high demand or unavailability, we will contact you using the email address or phone number provided with your order. We reserve the right to refuse or cancel orders at any time for reasons such as inventory unavailability, inaccuracies in product information or pricing, or problems identified by our credit or fraud departments.
3.4. Prohibited Activities
You are prohibited from using the Site or Services to:
- Violate any applicable laws, regulations, or third-party rights.
- Intentionally distribute viruses, worms, Trojan horses, malware, or other harmful code.
- Engage in spamming, phishing, or other deceptive practices.
- Interfere with security, site operations, or any user’s access to the Site.
- Sell counterfeit or fraudulent products through our Services.
We can investigate and terminate your account or access if you engage in any prohibited activities or breach these Terms. We may report any illegal activities to law enforcement authorities as we deem appropriate or necessary.
3.5. User Content
You retain full ownership of any content you submit, post, display, or transmit (collectively “submit”) to the Site. We do not claim any ownership rights in your user content.
However, by submitting content to the Site or Services, you grant us an irrevocable, worldwide, perpetual, non-exclusive, royalty-free license to access, use, reproduce, modify, adapt, publish, distribute, and display your content in relation to operating and providing our Site and Services.
We have no obligation to monitor, display, or remove your content. We reserve the right to delete, move, modify, block access to, or refuse to display any content that we believe violates these Terms or is otherwise objectionable. You are solely responsible for creating backup copies of and replacing any content you submit.
3.6. Feedback
You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding the Site or Services (collectively “Feedback”). Feedback does not include user content submitted to areas specifically designated for public user content.
By submitting Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, license, sublicense (through multiple tiers), and distribute your Feedback without providing any attribution or compensation to you. Do not submit Feedback unless you agree to these license terms.
4. Purchase Terms
4.1. Product Listings
We strive to accurately describe and depict products on the Site. However, we do not warrant that product descriptions, pricing, photos, or other content is complete, accurate, reliable, current, or free from errors or omissions. In the event of any errors, we reserve the right to correct it.
Product availability and pricing may change without notice. Colors, sizes, and other variations may not always be available. We have made every effort to display colors and sizes accurately but cannot guarantee an exact match due to differences in individual monitors and electronic displays. We recommend checking the actual product details to confirm availability, colors, sizes, and other features before purchasing.
4.2. Digital Products
Any digital products, files, or applications (collectively “Digital Products”) purchased through our Site are licensed to you solely for personal, non-commercial use under our End User License Agreement.
Licenses are non-exclusive, non-transferable, and limited based on the product descriptions and usage terms specified on the Site. You may make one backup copy of Digital Products solely for personal use. You are responsible for downloading and storing any purchased Digital Products.
4.3. Pre-Orders and Backorders
We may allow you to pre-order products that are temporarily out of stock or not yet released. By pre-ordering, you agree to wait for fulfillment at a later date. Any amounts paid will be considered pre-payments for the full cost due when we ship the items.
We will attempt to fulfill all orders and pre-orders but cannot guarantee availability. We reserve the right to cancel, modify, or place limits on pre-orders at any time at our discretion.
4.4. Payment
All purchases are subject to payment authorization and verification. Available payment methods may change without notice and some may not be available for certain purchases or locations.
Payment can be charged in full upfront or in installments over time based on your selected financing options. By submitting a payment, you authorize the charge, affirm the order details and total are accurate, and accept responsibility for your payment obligations.
4.5. Taxes
Applicable sales, use, value added, goods and services, harmonized, or other transaction taxes and fees may be applied to your orders. You are responsible for paying any such taxes as required by applicable law.
4.6. Automatic Renewals
Any recurring order, subscription, or account with automatic renewal terms will continue in full force and effect until expiration or cancellation. Once a renewal payment is processed, it is non-refundable unless required by law.
You authorize us to charge your selected payment method periodically based on your chosen billing frequency without any additional notice or consent. Notify us immediately if you need to update payment information or cancel automatic renewals.
Changes or terminations typically take effect the next renewal period after receiving the request. Any partial subscription periods remaining after a cancellation may be prorated and charged.
4.7. Free Trials and Promotions
We may offer limited time free trials or promotions for certain products and services. These typically require you to register with payment details but do not charge you until the trial ends or terms change. You will be notified before your card is charged.
Cancel anytime before the trial ends to avoid fees. Because our offers can change and discounts vary, we cannot honor expired free trials or promotions. Free trials and promotions cannot be combined or stacked with other offers unless expressly stated.
4.8. Refunds and Returns
Please review our Return Policy below for information on permitted refunds and exchanges.
Certain products or services may have different policies or guarantees associated with them. Be sure to check all provided information and documentation before making purchases.
5. Return Policy
If you are dissatisfied with your purchase for any reason, you may be eligible to return it for a full refund subject to the terms below.
5.1. Return Requirements
To be eligible for a return, you must submit your request within 30 days of receiving your order and comply with the following:
- Returns must be for the full original order (no partial refunds).
- Only unused products may be returned, unless defective.
- Products must be in original condition with tags/packaging.
- Customized products are non-refundable.
- Follow provided instructions for return shipping.
Refunds are only available for purchases made directly through our Site, not third parties. To request a return and refund, contact us at [email protected] with your order and product details.
5.2. Refund Method
We will process approved refunds within approximately 3-5 business days. Refund methods may be subject to the original payment type:
- Credit card payments will be refunded to your card.
- PayPal refunds will be issued to your PayPal account.
- Exchanges may be issued in the form of credits usable for future purchases.
Refunds for gift card or store credit purchases will be issued as replacement gift cards or credits.
5.3. Return Shipping
You are responsible for return shipping costs and transit times. Expedited shipping charges are non-refundable. For eligible returns of physically shipped products, include all original packaging and accessories. We recommend shipping returns via registered mail or courier and purchasing tracking and insurance for valuable items.
Contact us if you believe a return delivery will be late so we can locate the package. Late return deliveries may not be eligible for refunds.
5.4. Exchanges
If your product is undamaged and eligible for return under our policy, you may exchange it for another item. Exchange requests must be made within 14 days of receiving your original order.
Not all products are eligible for exchange. Digital products, services, custom orders, and personalized items generally cannot be exchanged. We do not provide price adjustments between items. You are responsible for return shipping costs. If the exchange results in an order balance due, you must pay the difference.
6. Content Ownership and Use
We aim to respect intellectual property rights and ask you to do the same. Our policies do not allow violating copyright, trademark, plagiarism, piracy, or other misuse of content from third-party sites and sources to promote or sell products through our Services.
6.1. Selling Products
You may sell legally owned and acquired products through our Services. Any products offered must not infringe the intellectual property or proprietary rights of third parties (e.g. copyright, trademarks, piracy.)
We reserve the right to remove any listings that reasonably could be construed as infringing or illegal. You are solely responsible for the products you sell and any related disputes with other parties relating to your listings and sales.
6.2. Affiliate Links and Ads
Third parties may market or advertise products, services, or offers on our Site that link to their own sites. We are not responsible for the availability, quality, safety, morality, legality, or any other aspect of their sites, content, products, services, policies, or operations.
Please read their site and privacy policies to understand how they handle your Personal Information. We are not responsible for any use, access, or effects related to third party sites and services linked or advertised on our Site or Services.
7. Disclaimers and Limitations
7.1. No Warranties
Our Site and Services are provided “as is” without any warranties, representations, or guarantees of any kind as to accuracy, completeness, suitability, reliability, or availability. Use of the Site and Services is solely at your own risk. We disclaim any warranties or guarantees, including of title, merchantability, non-infringement, quiet enjoyment, quality of information, accuracy, or fitness for any particular purpose.
7.2. No Liability
We are not liable for any harm resulting from or relating to use of the Site, Services, or Content; delays or disruptions; viruses or malware; insufficient permissions; service failures; inaccuracies; errors or omissions; or loss of data or information.
In no event (including negligence) will we be liable for any incidental, indirect, punitive, reliance, exemplary, consequential or special damages whatsoever relating to your access, use, inability to access or use, or reliance upon the Site, Services, or Content.
7.3. Limitations of Liability
Our maximum liability relating to your access and use of the Site and Services is limited to the greatest extent permitted under applicable law. We are not liable for damages exceeding any amount paid by you to us for products or services during the three (3) months before the relevant claim arose. These limitations apply regardless of legal theory and whether the alleged liability is founded in contract, tort, negligence, strict liability, or any other basis.
7.4. Indemnity
Upon request, you agree to defend, indemnify, and hold harmless us and our agents, contractors, officers, directors, employees, service providers, subsidiaries, and affiliates from all liabilities, claims, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to your access or use of the Site, Services, or Content; your violation of these Terms; or your infringement upon any intellectual property or violation of any proprietary right or privacy or publicity rights.
7.5. Release and Waiver
To the fullest extent permitted by law, you hereby release, waive, discharge, and covenant not to sue us and our agents, contractors, officers, directors, employees, service providers, subsidiaries, and affiliates from any and all liability, claims, demands, actions, damages, losses, costs, expenses, or fees arising out of or related to disputes between users, third party services or sites integrated into our Services, delay or inability to access or use all or part of the Site or Services, viruses or malware, data loss or corruption, lost profits, bodily injury, property damage, and intellectual property infringement.
7.6. Changes and Availability
We may change, suspend, terminate, discontinue, or retire any aspects of the Site, Services, or Content at any time without notice or liability to you. We may maintain, improve, modify, or cease availability of the Site or Services without notice and without liability to you. User account settings, content, and performance data may be deleted at any time without notice or liability to you. You agree we will not be liable to you or any third party for any damages arising from removal of content or access to the Site, Services, or user data.
8. Dispute Resolution
8.1. Good Faith Negotiation
You agree to first contact us and attempt to resolve any claims relating to these Terms or Site and Services through good faith negotiations. You must provide us with sufficient, detailed information to demonstrate the basis for your claim. If we cannot resolve your claim within 60 days, you may seek relief through arbitration or in small claims court.
8.2. Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, or any Content that cannot be resolved through good faith negotiations will be submitted to final, binding arbitration. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law.
The arbitration will be conducted before a single, neutral arbitrator and administered by the American Arbitration Association according to its Consumer Arbitration Rules. Arbitration hearings will take place in the federal judicial district where you reside. The arbitrator will follow substantive law and may order any relief available in court.
Any court having jurisdiction may enter judgment on the arbitrator’s award. The arbitrator can award the same damages and relief as a court, including costs and attorneys’ fees. Arbitration is final and binding. You waive any rights to seek remedies in court, including any right to jury trial. The arbitrator’s award is subject to judicial review only as provided under the Federal Arbitration Act.
8.3. Small Claims Court
As an alternative to arbitration, you may bring an individual claim in your state’s small claims court, if permitted by state law. Small claims court does not allow class actions or aggregate claims. Any appeal will be sent to binding arbitration under these Terms.
8.4. Class Action and Jury Trial Waiver
You waive your rights to pursue any claims on a class or representative basis and your rights to a jury trial regarding claims relating to these Terms, the Site or Services. Only a court, not a jury, will decide issues of enforceability, validity, or scope of this dispute resolution section.
8.5. Opt-Out
You can decline agreement to this dispute resolution section by emailing us at [email protected] within 30 days of your first Site visit. Specify your full name and clearly state your intent to opt out of dispute resolution. This opt-out only applies to dispute resolution and does not void other provisions.
9. General Provisions
9.1. Electronic Communications
By using our Site or Services, you consent to receiving electronic communications from us relating to your account and purchases. You agree that any online communications, agreements, notices, disclosures, and other documents satisfy legal requirements that such communications be in writing. Print and download copies of any legal documentation provided electronically for your records.
9.2. Notice
You agree we may provide any notices relating to these Terms, the Site, or Services by posting it on the Site, sending you an email, or mailing it to the address we have on file for your account, if applicable. All notices by any party must be in writing.
9.3. Force Majeure
No party will be liable for delays or failures relating to events beyond their reasonable control, such as labor disputes, civil disorders, acts of war or terrorism, animal disease outbreaks, weather, pandemics, fire, outages, system failures, or government restrictions. Dates or times of performance shall be extended to the extent of any delay(s) caused by such events.
9.4. Assignment
You may not assign or transfer these Terms, your rights/obligations, or your account without obtaining our prior written consent. We reserve the right to assign these Terms freely, including in the event of a merger, acquisition, restructure, or sale of some or all of our assets or stock.
9.5. Survival
Any provisions that must survive termination of these Terms in order to fulfill their reasonable purposes will do so. This includes dispute resolution, indemnities, releases, disclaimers, limitations of liability, refunds, availability of equitable relief, choice of law, and definitions.
9.6. Severability
If it is determined any provision of these Terms is illegal or unenforceable, the remaining provisions will remain in full force and effect. If modifying or striking the unenforceable part would achieve the parties’ intent, the provision will be modified to the extent necessary to make it enforceable.
9.7. Waivers
Any consent or waiver under these Terms must be in writing and signed by us. Waivers will not imply ongoing or future consent, modify these Terms, or excuse subsequent breaches. Delay or non-enforcement of any provision will not waive our right to eventually enforce compliance with the Terms.
9.8. Governing Law
These Terms will be governed by the laws of the State of Tennessee. You irrevocably consent to exclusive jurisdiction and venue in the state and federal courts located in Nashville, Tennessee for any disputes arising out of or relating to these Terms, the Site, or Services that are heard in court (excluding arbitration).
9.9. Headings
Headings and captions are for convenience only and should not be used to construe meaning or intent.
9.10. Entire Agreement
These Terms constitute the entire agreement between you and us regarding their subject matter and supersede any prior communications. Relationships and disputes between you and third parties utilizing our Services are outside the scope of these Terms and our policies.
10. Changes to these Terms
We reserve the right to modify these Terms at any time. Updated versions will be posted on this page with an updated “last updated” date. Continued use of the Site or Services after changes become effective shall signify acceptance of the revised Terms. We recommend periodically reviewing these Terms for updates.
If you do not wish to accept the new Terms, you must stop using the Site and Services and close your account(s), if applicable, prior to the changes taking effect. Material changes will be highlighted on this page for a reasonable notification period before becoming effective. Immaterial changes may be made without notice. Disputes arising before changes were made will be governed by the prior Terms.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
Okinos® Pc Case, Aqua 3 Case, Case, Fans
100 Main Street
Nashville, TN 37205
Email: [email protected]
These Terms were last updated on March 1, 2023.