Terms of service
OVERVIEW
Welcome to Ojaia (operated by Shopojaia)! The terms "we", "us" and "our" refer to Ojaia. Ojaia 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"). Ojaia is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") 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 such as 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 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 or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
Products listed on Ojaia may be sourced from independent third-party vendors and suppliers. While Ojaia reviews vendors before onboarding, Ojaia does not manufacture most products listed on the platform and cannot guarantee that all products will be identical to images or descriptions displayed online.
Customers acknowledge that slight variations in color, texture, packaging, sizing, measurements, materials, finishing, labeling, or appearance may occur between displayed product images and delivered products.
Food products may vary slightly in packaging, batch, labeling, appearance, or presentation depending on supplier availability and regional sourcing.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer 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. Ojaia reserves the right to accept or decline your order for any reason at its discretion.
Certain products may be made-to-order or produced specifically for your order and may require additional production or processing time before shipment. Production timelines displayed on the website are estimates only and are not guaranteed.
In the event a product becomes unavailable after purchase, Ojaia reserves the right to cancel the affected item, issue a refund, or provide alternative options at its sole discretion.
Your order is not accepted until Ojaia confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Ojaia may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions 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 set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Customers are responsible for any applicable duties, taxes, customs fees, brokerage fees, or additional import charges imposed by local authorities or shipping carriers.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.
You represent and warrant that the payment information you provide is true, correct, and complete and that you are authorized to use the payment method submitted.
SECTION 5 - SHIPPING AND DELIVERY
All delivery timelines displayed on the website are estimates only and are not guaranteed.
Ojaia is not responsible for delays caused by vendors, shipping carriers, customs processing, weather conditions, governmental actions, labor disruptions, supply chain interruptions, or events outside our reasonable control.
Orders containing items from multiple vendors may be consolidated into a single shipment where operationally possible. In certain circumstances, partial shipments may occur.
Once products are transferred to the shipping carrier, title and risk of loss passes to the customer.
Customers are solely responsible for ensuring that all shipping and contact information provided at checkout is accurate and complete. Ojaia is not responsible for losses, delays, failed deliveries, or additional charges resulting from incorrect shipping information.
SECTION 6 - INTELLECTUAL PROPERTY
All content included on the Services, including text, graphics, logos, icons, images, videos, product descriptions, branding, and website design elements are the property of Ojaia, its affiliates, licensors, or content suppliers and are protected by applicable intellectual property laws.
You may not reproduce, duplicate, copy, sell, resell, exploit, distribute, or use any portion of the Services without prior written permission from Ojaia.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or services which we neither monitor nor control.
Your use of optional tools is entirely at your own risk and subject to the terms of the relevant third-party providers.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites or platforms. Ojaia is not responsible for the content, accuracy, policies, or practices of third-party websites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Ojaia 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 Ojaia.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Ojaia.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy.
By using the Services, you acknowledge that you have read and understood our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit suggestions, ideas, reviews, comments, or other feedback to Ojaia, you grant us the right to use, reproduce, publish, and display such feedback for operational or promotional purposes.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct errors and update information at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may not use the Services for any unlawful or unauthorized purpose.
You agree not to:
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Violate any applicable laws or regulations
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Upload malicious code or harmful software
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Interfere with website security or functionality
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Use automated systems, bots, scraping tools, or AI tools to access the Services without authorization
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Reproduce or exploit any part of the Services without written permission
We reserve the right to terminate or restrict access to the Services for violations of these Terms.
SECTION 14 - ORDER ISSUES & CLAIMS
Customers must report damaged, incorrect, defective, or missing items within 24 hours of delivery together with clear photographic evidence.
Failure to report issues within the stated timeframe may result in denial of claims, refunds, replacements, or store credits.
Refunds, where approved, are limited to the original purchase amount paid for the affected product(s). Shipping fees, handling fees, customs charges, and related costs may be non-refundable unless otherwise determined by Ojaia.
SECTION 15 - FORCE MAJEURE
Ojaia shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, pandemics, labor disruptions, governmental actions, customs delays, internet outages, carrier disruptions, supply chain interruptions, war, civil unrest, or acts of God.
SECTION 16 - TERMINATION
We reserve the right to terminate or suspend access to the Services at our discretion without notice if we believe these Terms have been violated.
SECTION 17 - DISCLAIMER OF WARRANTIES
The Services and all products offered through the Services are provided on an "as is" and "as available" basis without warranties of any kind.
We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free.
SECTION 18 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Ojaia shall not be liable for delays, product variations, vendor-related issues, customs delays, shipping disruptions, seized shipments, unavailable products, or inability to use purchased products.
To the fullest extent permitted by applicable law, Ojaia, its affiliates, employees, contractors, suppliers, or service providers shall not be liable for any indirect, incidental, consequential, punitive, or special damages arising from the use of the Services or products purchased through the Services.
SECTION 19 - INDEMNIFICATION
You agree to indemnify and hold harmless Ojaia and its affiliates, employees, contractors, and service providers from any claims, liabilities, damages, losses, or expenses arising from your violation of these Terms or misuse of the Services.
SECTION 20 - SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.
SECTION 21 - WAIVER; ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and Ojaia regarding use of the Services.
SECTION 22 - ASSIGNMENT
You may not assign or transfer your rights under these Terms without prior written consent from Ojaia.
SECTION 23 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of Manitoba, Canada.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms of Service at any time by posting updates on this page.
Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Ojaia (operated by Shopojaia)
Winnipeg, Manitoba, Canada
