Terms of service

OVERVIEW

Welcome to OSHAN ESSENTIALS. The terms “we,” “us,” and “our” refer to OSHAN ESSENTIALS. OSHAN ESSENTIALS 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”). OSHAN ESSENTIALS is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, 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 including 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 our 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 jurisdiction 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 accessing or browsing our online store or purchasing products or services, you may be asked to provide certain information such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with 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 provide accurate representations of our products and services.

Please note that colors, textures, packaging, and product appearance may vary slightly from what appears on your screen due to differences in devices, displays, photography, lighting, natural ingredients, small-batch production, and other factors.

We do not warrant that the appearance of a product will be identical to how it appears on your device.

All product descriptions, formulations, packaging, pricing, and availability are subject to change without notice at our discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

OSHAN ESSENTIALS reserves the right to accept or decline an order for any lawful reason at our discretion. Your order is not accepted until payment has been successfully processed and the order has been confirmed.

Please review your order carefully before submitting it. Once an order has entered processing or fulfillment, we may be unable to accommodate cancellation or modification requests.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, and/or telephone number provided with the order.

Purchases are subject to our Return and Refund Policy.

You represent and warrant that purchases made through our retail store are intended for your own personal or household use and not for unauthorized commercial resale or export.

Wholesale, professional, spa, and retail-partner purchases may be subject to separate terms and agreements.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, and offers are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be reflected in your order confirmation.

Unless otherwise expressly stated, listed prices do not include applicable shipping charges, taxes, customs duties, import fees, or other charges that may apply.

Prices available through our online store may differ from prices available through physical retailers, spas, wholesale partners, events, or other third-party sellers.

From time to time, we may offer promotions governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern with respect to that promotion.

You agree to provide accurate and complete purchase, payment, and account information and to update such information when necessary.

You represent and warrant that payment information you provide is accurate, that you are authorized to use the selected payment method, and that charges incurred by you will be honored by the applicable payment provider.

You agree to pay all charges associated with your purchase, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery dates are estimates and are not guaranteed.

Once an order has shipped, delivery may be affected by carrier delays, weather, customs processing, holidays, transportation disruptions, or other circumstances outside our reasonable control.

OSHAN ESSENTIALS will fulfill and ship orders in accordance with applicable law. If we are unable to ship your order within the timeframe originally communicated, we will contact you when required and provide the options available, which may include accepting a revised shipping date or cancelling the affected order for a refund.

Once an order has been transferred to the carrier, OSHAN ESSENTIALS is not responsible for carrier delays or delivery disruptions except where otherwise required by applicable law.

Please review your shipping address carefully before submitting your order.

OSHAN ESSENTIALS ships orders to the address provided by the customer at checkout.

If you notice an address error after placing your order, please contact us as soon as possible at aloha@oshanessentials.com.

We will make reasonable efforts to assist before shipment, but once an order has been processed or transferred to the carrier, we may not be able to change, redirect, or correct the delivery address.

International customers are responsible for applicable customs duties, import taxes, brokerage fees, or other charges imposed by their destination country unless otherwise stated at checkout.

International delivery times may be affected by customs processing and local carrier procedures.

Additional shipping terms are described in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, trade names, branding, text, graphics, photographs, illustrations, product reviews, videos, audio, product names, formulas as protected by applicable law, designs, layouts, and other content, are owned by or licensed to OSHAN ESSENTIALS and are protected by applicable United States and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or commercially exploit material from the Services without our prior written consent, except where otherwise permitted by law.

Nothing in these Terms grants you any license or ownership rights in the intellectual property of OSHAN ESSENTIALS, Shopify, or any third party.

Unauthorized use of the Services or our intellectual property may violate applicable intellectual property laws.

All rights not expressly granted are reserved.

OSHAN ESSENTIALS names, logos, product names, designs, and slogans are trademarks or other intellectual property of OSHAN ESSENTIALS or its licensors.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify.

Other trademarks appearing on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to tools, applications, integrations, or services offered by third parties.

We may not monitor or control such third-party tools.

You acknowledge and agree that access to third-party tools may be provided “as is” and “as available,” without warranties, representations, or endorsements from OSHAN ESSENTIALS.

Your use of third-party tools is at your own discretion and may also be subject to the terms and policies of those third-party providers.

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

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links, embedded functionality, materials, or content provided by third parties.

We are not responsible for examining or evaluating the content, accuracy, security, availability, practices, or policies of third-party websites or services.

If you leave our Services to access third-party websites or services, you do so at your own discretion.

We are not responsible for losses or damages arising from transactions, products, services, resources, or content provided by third parties except where liability cannot lawfully be excluded.

Please review the policies and practices of third-party providers before entering into transactions with them.

Questions or concerns relating specifically to third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

OSHAN ESSENTIALS 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 OSHAN ESSENTIALS.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and OSHAN ESSENTIALS, 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 OSHAN ESSENTIALS to the fullest extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be processed by Shopify in connection with hosting, operating, securing, and improving the Services.

Because our Services are hosted by Shopify, information you submit through the Services may be transmitted to and processed by Shopify and other service providers, including providers located in countries outside your country of residence.

Please review our Privacy Policy for more information about how OSHAN ESSENTIALS, Shopify, and our service providers collect, use, disclose, and protect personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photographs, testimonials, proposals, or other content (“Feedback”), you grant OSHAN ESSENTIALS a worldwide, non-exclusive, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in connection with operating, marketing, improving, and promoting our Services, subject to applicable law.

You represent that you own or have the rights necessary to provide such Feedback.

If you received compensation, discounts, products, or other incentives related to Feedback, you agree to make any disclosures required by applicable law.

You agree that your Feedback will not violate the rights of another person, including intellectual property, privacy, publicity, personality, or other legal rights.

You may not submit unlawful, defamatory, abusive, obscene, fraudulent, or malicious content or material containing viruses or other harmful code.

You may not use a false identity or otherwise misrepresent the origin of Feedback.

You are responsible for the accuracy and legality of Feedback you submit.

We reserve the right, but do not have an obligation, to monitor, edit, or remove Feedback where permitted by law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, ingredients, pricing, promotions, offers, shipping charges, transit times, inventory, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information at any time.

Where permitted by applicable law, we may also cancel or modify an order if material information affecting the transaction was inaccurate.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services:

(a) for unlawful, fraudulent, or malicious purposes;

(b) to violate applicable international, federal, state, provincial, territorial, or local laws or regulations;

(d) to harass, abuse, threaten, defame, discriminate against, intimidate, or harm another person;

(e) to transmit knowingly false or misleading information;

(f) to distribute spam, unsolicited advertising, chain letters, or similar communications;

(g) to impersonate another person or entity;

(h) to upload or transmit viruses, malicious code, or harmful technologies;

(i) to collect or track personal information of others unlawfully;

(j) to interfere with, bypass, disable, or circumvent security or access-control measures; or

(k) to otherwise interfere with another person's use or enjoyment of the Services.

We reserve the right to suspend or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 - AUTOMATED AGENTS

This section applies if you use or deploy software, artificial intelligence systems, automated tools, bots, agents, or similar technologies to access, use, or interact with the Services.

Automated systems must comply with applicable law, these Terms, and any technical access controls implemented by OSHAN ESSENTIALS or Shopify.

Automated systems may not conceal their automated nature where disclosure is required, circumvent CAPTCHAs or access restrictions, bypass security measures, or continue accessing the Services after access has been expressly prohibited.

We reserve the right to restrict, block, or limit automated access to the Services.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services where permitted by law if you violate these Terms, misuse the Services, engage in unlawful activity, or create security, legal, or operational risk.

You remain responsible for amounts properly incurred before termination.

Provisions that by their nature should survive termination will remain in effect, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

While we make reasonable efforts to provide accurate information, we do not warrant that all information available through the Services will always be complete, current, or error-free.

Except as expressly stated by OSHAN ESSENTIALS or required by applicable law, the Services and products offered through the Services are provided “as is” and “as available.”

To the fullest extent permitted by law, we disclaim implied warranties or conditions including merchantability, merchantable quality, fitness for a particular purpose, title, durability, and non-infringement.

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

Some jurisdictions do not permit certain exclusions or limitations of warranties. In those jurisdictions, these exclusions apply only to the maximum extent permitted by law.

Nothing in these Terms excludes or limits any consumer warranty or other right that cannot lawfully be excluded.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, OSHAN ESSENTIALS and its owners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify affiliates will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages arising out of or relating to your use of the Services or products purchased through the Services.

This may include lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law, including any non-waivable consumer rights.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless OSHAN ESSENTIALS, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal expenses arising from:

your material breach of these Terms;
your violation of applicable law or the rights of another person; or
unlawful or unauthorized use of the Services.

We will provide reasonable notice of any indemnifiable claim where practicable.

SECTION 19 - SEVERABILITY

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

The unenforceable portion will be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms, together with our policies and other terms expressly incorporated by reference, constitute the agreement between you and OSHAN ESSENTIALS concerning your use of the Services.

They supersede prior agreements or communications relating to the subject matter covered by these Terms.

Any ambiguity in these Terms will be interpreted in accordance with applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such restriction is permitted by law.

OSHAN ESSENTIALS may assign or transfer its rights and obligations under these Terms as part of a merger, acquisition, reorganization, sale of assets, or other lawful business transaction.

SECTION 22 - GOVERNING LAW

These Terms and your use of the Services are governed by the laws of the State of Hawaiʻi and applicable federal laws of the United States, without regard to conflict-of-law principles.

Nothing in this section limits or excludes mandatory consumer-protection rights that apply to you under the laws of your state, province, territory, country, or place of residence where such rights cannot lawfully be waived.

To the extent permitted by applicable law, disputes relating to these Terms or the Services will be subject to the jurisdiction of courts located in Hawaiʻi, United States.