Terms and Conditions

Terms & Conditions

OMg Skincare Haircare Handmade, TERMS AND CONDITIONS OF USE

This Document was last updated on October 25, 2023

1. SUMMARY TERMS

Welcome to OMg Skincare Haircare Handmade website, owned and operated by OMg Skincare Haircare Handmade, registered business #301102141 in Ontario, Canada, with the url address www.omgshh.com (hereafter referred to as the “website”).

BY ACCESSING OR USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE BELOW MENTIONED TERMS AND CONDITIONS (“TERMS OF USE” OR “AGREEMENT”), ALL APPLICABLE LAWS AND REGULATIONS, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROTECTED BY APPLICABLE COPYRIGHT AND TRADEMARK LAWS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE.

OMg OMg Skincare Haircare Handmade reserves the right to update or modify this agreement at any time without prior notice. If the agreement has been updated, OMg Skincare Haircare Handmade will post the new agreement on this site and note the date that it was last updated. By continuing to access or use the site after the new agreement has been posted, you agree to be bound by the updated terms.

2. CONSENT TO TERMS

You acknowledge and agree that, by accessing or using the site or its services, information, resources and products (hereafter referred to as ‘Resources’) by purchasing a product on or through the Site or Services you are indicating that you have read, understand and agree to be bound by (a) these Terms and Conditions for Use, and (b) applicable laws, regulations and generally accepted online practices or guidelines. If you do not agree to these terms, then you have no right to access or use the site or services.

3. DOWNLOADING FILES

OMg Skincare Haircare Handmade cannot and does not guarantee or warrant that files available for downloading through the website or the website itself will be free of infection by software viruses or other harmful computer code, files or programs. OMg Skincare Haircare Handmade shall not be responsible for any software viruses or other harmful computer code, files or programs that the user may encounter due to your visiting this website.

4. USE OF WEBSITE

The website and services thereunder are intended solely for persons who are 18 years of age or older. Any access to or use of the website by anyone under 18 is expressly prohibited. By accessing or using the website you represent and warrant that you are 18 years of age or older.

5. MODIFICATIONS TO PRODUCT OFFERINGS AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. LISTING OF PRODUCTS

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return/Cancellation Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7. GENERAL PROHIBITIONS

You agree not to do any of the following:

· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

· Copy, duplicate or reproduce products, service, resources and tool provided either directly or indirectly by Retailer

· Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.

· Conduct or forward surveys, contests, or chain letters.

8. MODIFICATIONS TO THE SERVICE AND PRICES

9. PRODUCTS OR SERVICES

OMg Skincare Haircare Handmade reserve the right, but are not obligated to limit the sales of our products or Services to any person(s), geographic region or jurisdiction. OMg Skincare Haircare Handmade may exercise this right on a case-by-case basis. OMg Skincare Haircare Handmade reserves the right to limit the quantities of any products or services that we offer. Descriptions of all products or product pricing are subject to change at anytime without notice, at the sole discretion of OMg Skincare Haircare Handmade. OMg Skincare Haircare Handmade reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. OMg Skincare Haircare Handmade does not warrant that the quality of any products or services purchased or obtained by its customers will meet the customers expectations, or that any errors in the service will be corrected.

10. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment methods, so that we can complete your transactions and contact you as needed.

11. BUYER RESPONSIBILITIES

Buyers are responsible for carrying out due diligence prior to purchase. Our items are priced competitively and are not subject to negotiation. Buyers are requested to open and inspect products immediately once shipment is received. The buyer has 48 hours to inspect products for damage.

12. FEES

Joining OMg Skincare Haircare Handmade is free and we do not charge an account membership fee.

13. TERMS FOR PURCHASED PRODUCTS

Prices for products will be as specified on the applicable listing and are stated in Canadian Dollars. The system will automatically convert all purchases made for products through PayPal to Canadian Dollars (CAD$). You acknowledge that prices do not include applicable brokerage and customs fees, if applicable. OMg Skincare Haircare Handmade and/or its third party service providers will collect your billing and shipping information in order to process your payment.

14. RETURN POLICY/CANCELLATION

Provided that a product is damaged during shipping a picture of good(s) must be sent to [email protected] within 48 hours of when the shipment is received.

If you are not satisfied with any of the items you purchased made through www.omgshh.com you are entitled to our 100% Money Back Guarantee Policy. Receipt must be presented and sent to [email protected] within 30 days of original date of purchase. Refunds will be issued in original form of payment, as applicable, within 30 days excluding statutory holidays.

15. PROMOTIONS

OMg Skincare Haircare Handmade may operate and undertake promotional schemes on the website to boost sales or advertise certain products, the website, etc.

16. THIRD PARTY APPLICATIONS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

17. LINKS

OMg Skincare Haircare Handmade has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by OMg Skincare Haircare Handmade of the site. Use of any such linked web site is at the user's own risk.

18. USER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

19. PROHIBITED USES

Prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

20. LIMITATION OF LIABILITY

IN NO EVENT SHALL OMg Skincare Haircare Handmade OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER AND HOWSOEVER CAUSED (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OF THE WEBSITE, EVEN IF OMg Skincare Haircare Handmade HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

21. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

22. INDEMNITY

You agree to defend, indemnify, and hold OMg Skincare Haircare Handmade, its employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

23. COPYRIGHTS/TRADEMARKS

All content and materials available on www.omgshh.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of OMg Skincare Haircare Handmade or its licensors, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the products, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by OMg Skincare Haircare Handmade.

24. CONTROLLING LAW AND JURISDICTION

You agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the conflict of laws and the national Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this Terms and Conditions shall be brought in the federal or provincial courts located in Ontario, Canada. You hereby agree and attorn to the personal jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

25. DISCLAIMER OF WARRANTIES

OMg Skincare Haircare Handmade PRODUCTS AND/OR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH OMg Skincare Haircare Handmade PRODUCTS AND/OR SERVICES ARE PROVIDED BY OMg Skincare Haircare Handmade ON AN “AS IS” BASIS AND ON AVAILABLE BASIS, UNLESS UNDERWISE SPECIFIED. OMg Skincare Haircare Handmade MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, OMg Skincare Haircare Handmade DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED OR ON ANY SITES LINKED TO THIS SITE. UNLESS OTHERWISE EXPRESSED, OMg Skincare Haircare Handmade AND ITS SUBSIDIARIES, EMPLOYEES, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OMg Skincare Haircare Handmade AND ITS EMPLOYEES, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) OMg Skincare Haircare Handmade SERVICES WILL MEET YOUR REQUIREMENTS; (ii) OMg Skincare Haircare Handmade PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OMg Skincare Haircare Handmade WILL BE ACCURATE, RELIABLE OR FREE OF VIRUSES OT ORDER HARMFUL COMPONENTS; OMg Skincare Haircare Handmade WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OMg Skincare Haircare Handmade, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OMg Skincare Haircare Handmade PRODUCTS AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

26. MODIFICATION

OMg Skincare Haircare Handmade reserve the right, in its sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless OMg Skincare Haircare Handmade make a change for legal or administrative reasons, OMg Skincare Haircare Handmade will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward.

These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. This agreement was last updated on the October 25th, 2023.

27. CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at [email protected] | 2023-3230 Yonge St. Toronto, ON M4N 3P6 | 647-616-0474

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