Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Osmirah. The terms “we”, “us”, and “our” refer to Osmirah. Osmirah operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”), to provide customers with a curated fragrance shopping experience.
Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, including our Privacy Policy and Refund Policy, govern your access to and use of the Services. Please read them carefully, as they affect your legal rights and obligations.
By accessing, browsing, or purchasing from the Services, you agree to be bound by these Terms. If you do not agree, you must not use or access the Services.
SECTION 1 – ACCESS, ELIGIBILITY & ACCOUNT RESPONSIBILITIES
By using the Services, you represent that you are at least the age of majority in your province, state, or country of residence, or that you have obtained parental or guardian consent to use the Services.
To access certain features, you may be required to provide personal information including, but not limited to, your name, email address, billing address, payment details, and shipping information. You agree that all information you provide is accurate, complete, and current.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account. You may not sell, assign, transfer, sublicense, or otherwise share your account with any third party.
Osmirah reserves the right to suspend or terminate accounts suspected of fraud, abuse, or violation of these Terms.
SECTION 2 – PRODUCTS, FRAGRANCES & REPRESENTATIONS
We make reasonable efforts to accurately display product descriptions, images, and information. However, actual product appearance, packaging, and color may vary due to screen settings, lighting, or device differences.
Fragrance performance and scent perception are subjective and vary from person to person. Osmirah does not guarantee that any fragrance will meet individual expectations regarding scent, longevity, projection, or performance.
All products are sold as described and are subject to availability. We reserve the right to modify, discontinue, or limit quantities of any product at any time without notice.
SECTION 3 – ORDERS, ACCEPTANCE & CANCELLATIONS
Placing an order constitutes an offer to purchase. Osmirah reserves the right to accept or reject any order at our discretion.
Orders are not considered accepted until payment has been successfully processed and confirmation is issued. Once an order is accepted, it cannot be canceled, modified, or reversed.
All returns, refunds, and exchanges are governed exclusively by our Refund Policy, which is incorporated into these Terms by reference.
You represent that purchases are for personal use only and not for resale, export, or commercial distribution unless expressly authorized by Osmirah.
SECTION 4 – PRICING, TAXES & BILLING
Prices, promotions, and availability are subject to change without notice. The price charged will be the price displayed at checkout at the time the order is placed.
Prices do not include applicable taxes, shipping fees, customs duties, or import charges unless explicitly stated.
You agree to provide valid payment information and authorize Osmirah to charge your selected payment method for the full order amount, including applicable taxes and shipping fees.
SECTION 5 – SHIPPING, DELIVERY & RISK OF LOSS
Delivery times are estimates only and are not guaranteed. Osmirah is not responsible for delays caused by shipping carriers, customs clearance, weather conditions, or events beyond our control.
Once an order is transferred to the shipping carrier, title and risk of loss pass to you. Osmirah is not responsible for lost, delayed, or misdelivered packages once shipped.
SECTION 6 – INTELLECTUAL PROPERTY RIGHTS
All content on the Services, including but not limited to trademarks, logos, branding, product descriptions, images, graphics, videos, and website design, is owned by or licensed to Osmirah and is protected by intellectual property laws.
You may use the Services solely for personal, non-commercial purposes. Any unauthorized copying, reproduction, distribution, modification, or exploitation of our content is strictly prohibited.
All rights not expressly granted are reserved by Osmirah.
SECTION 7 – OPTIONAL THIRD-PARTY TOOLS
The Services may include access to third-party tools or features that we do not control or monitor. These tools are provided “as is” and “as available” without warranties or endorsements.
Your use of third-party tools is at your own risk.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites. Osmirah is not responsible for the content, policies, accuracy, or practices of any third-party site.
Accessing third-party websites is done at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Osmirah is powered by Shopify. However, all purchases are made directly between you and Osmirah.
Shopify is not responsible for any aspect of transactions, products, disputes, injuries, losses, or damages arising from your purchases. You expressly release Shopify and its affiliates from all related claims.
SECTION 10 – PRIVACY
Your personal information is governed by our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you consent to the collection, processing, and transfer of your information as described therein.
SECTION 11 – FEEDBACK & USER CONTENT
Any reviews, comments, suggestions, or feedback you submit grant Osmirah a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and display such content for any purpose.
You represent that all feedback is lawful, accurate, and does not infringe third-party rights.
SECTION 12 – ERRORS, INACCURACIES & OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, or shipping information at any time, including after an order has been placed.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to violate laws, infringe intellectual property, submit false information, distribute malware, interfere with security features, or engage in abusive, fraudulent, or harmful conduct.
Violation of these Terms may result in immediate termination of access.
SECTION 14 – TERMINATION
Osmirah may terminate or suspend access to the Services at any time without notice. Obligations incurred prior to termination shall survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Osmirah and its affiliates shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services or products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Osmirah, Shopify, and their affiliates from any claims, damages, or expenses arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19 – ENTIRE AGREEMENT
These Terms, together with all incorporated policies, constitute the entire agreement between you and Osmirah and supersede all prior agreements or understandings.
You acknowledge that you have not relied on any representations not expressly stated herein.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights under these Terms without prior written consent. Osmirah may assign these Terms without restriction or notice.
SECTION 21 – GOVERNING LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Osmirah is headquartered, without regard to conflict of law principles.
You consent to exclusive jurisdiction and venue in the courts of that jurisdiction.
SECTION 22 – CHANGES TO TERMS
We reserve the right to modify these Terms at any time. Continued use of the Services following any changes constitutes acceptance of the revised Terms.
SECTION 23 – CONTACT INFORMATION
For questions regarding these Terms, contact us at:
Osmirah
📧 info@osmirah.com
🏢 Osmirah Fragrance Inc.