Terms of Service
Overview
This website is operated by the trademark holder of Octipa. Throughout the site, "we," "us," and "our" refer to Octipa. We offer this website, including all information, tools, and services available from it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you use our "Service" and agree to be bound by these Terms of Service (the "Terms"), including the additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of them, you may not access the website or use any Service.
Any new features or tools added to the store are also subject to these Terms. You can review the most current version at any time on this page. We may update, change, or replace any part of these Terms by posting updates on this page. Your continued use of the website after any change constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and Services to you.
Section 1 Online Store Terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses, or code of a destructive nature. A breach of any of these Terms will result in immediate termination of your Services.
By placing an order, you confirm that you have read, understood, and accepted these Terms, our Refund Policy, Privacy Policy, and Shipping Policy.
Section 2 General Conditions
We reserve the right to refuse Service to anyone, for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmission over various networks, and changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission. Headings in these Terms are for convenience only and do not limit or affect them.
Section 3 Accuracy, Completeness & Timeliness of Information
We are not responsible if information on this site is not accurate, complete, or current. Material on this site is provided for general information only and should not be relied upon as the sole basis for decisions without consulting more accurate, complete, or timely sources.
Our products are designed for comfort and everyday wellness. Content on this site is not medical advice and does not replace a consultation with a qualified healthcare professional. If you have a medical condition, consult your doctor before using any product.
This site may contain historical information, which is provided for your reference only. We may modify the contents of this site at any time but have no obligation to update any information.
Section 4 Changes to the Service & Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 Products
Certain products may be available exclusively online and in limited quantities. They are subject to return or exchange only according to our Refund Policy.
We have made every effort to display the colors, images, and sizing of our products as accurately as possible. We cannot guarantee that your screen will display any color accurately. Please refer to our size guide before ordering.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction, and to limit quantities. All descriptions and pricing are subject to change at any time without notice, at our sole discretion. Any offer made on this site is void where prohibited.
Section 6 Billing & Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed under the same customer account, credit card, and/or billing or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time of the order.
We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information, and to promptly update it so we can complete your transactions and contact you as needed.
Section 7 Optional Tools
We may provide you with access to third-party tools over which we have no control. You acknowledge that we provide such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. Your use of optional tools is entirely at your own risk, and you should make sure you are familiar with and approve of the terms of the relevant third-party providers.
Section 8 Third-Party Links
Certain content, products, and Services available through our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant or accept any liability for any third-party materials, websites, products, or Services.
Please review the third party's policies carefully before engaging in any transaction. Complaints, claims, or questions regarding third-party products should be directed to the third party.
Section 9 User Comments, Reviews & Submissions
If you send us product reviews, photos, creative ideas, suggestions, or other materials (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use them in any medium. We are under no obligation to keep comments confidential, to pay compensation for them, or to respond to them.
We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms. You are solely responsible for any comments you make and their accuracy.
Section 10 Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11 SMS Marketing
By consenting to Octipa's SMS marketing at checkout or through one of our sign-up forms, you agree to receive recurring automated marketing text messages at the phone number provided. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply.
Text STOP to unsubscribe at any time, or HELP for assistance. You can also contact us at hello@octipa.com. Carriers are not liable for delayed or undelivered messages.
Section 12 Errors, Inaccuracies & Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change, update, or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.
Section 13 Prohibited Uses
In addition to other prohibitions set out in these Terms, you may not use the site or its content:
- for any unlawful purpose, or to solicit others to perform unlawful acts;
- to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- to infringe upon our intellectual property rights or those of others;
- to harass, abuse, insult, harm, defame, intimidate, or discriminate;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- to interfere with or circumvent the security features of the Service.
We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
Section 14 Shipping Territories
This website, its content, offers, and pricing are intended for customers located in the United States and the other countries available at checkout. Orders to destinations we do not ship to will be refused or cancelled and fully refunded. Delivery times and costs are described in our Shipping Policy.
Section 15 Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free, or that the results obtained from it will be accurate or reliable. You expressly agree that your use of the Service is at your sole risk.
Except as expressly stated by us, the Service and all products delivered through it are provided "as is" and "as available," without any representation, warranty, or condition of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
To the fullest extent permitted by law, in no case shall Octipa, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any product purchased through it. Where some states or jurisdictions do not allow such exclusions, our liability shall be limited to the maximum extent permitted by law.
Section 16 Indemnification
You agree to indemnify, defend, and hold harmless Octipa and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
Section 17 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. This shall not affect the validity of the remaining provisions.
Section 18 Termination
Obligations and liabilities incurred before the termination date survive termination. These Terms remain in effect until terminated by you or by us. You may terminate them at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term of these Terms, we may terminate this agreement at any time without notice. You remain liable for all amounts due up to and including the date of termination.
Section 19 Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right. These Terms and any policies posted by us on this site constitute the entire agreement between you and us and supersede any prior agreements, communications, and proposals, whether oral or written. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
Section 20 Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to the site or the purchase of products will be resolved by binding individual arbitration rather than in court, and you waive any right to participate in a class action or other representative proceeding. This arbitration agreement is governed by the U.S. Federal Arbitration Act.
Section 21 Changes to These Terms
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates on our website. It is your responsibility to check this page periodically. Your continued use of the website or the Service after any change constitutes acceptance of those changes.