Terms of service
Luxuries for those who define it better
Overview
Welcome to ORAZA. The terms “we”, “us” and “our” refer to ORAZA, which operates the store and website at oraza.in, including all related information, content, features, tools, products and services provided in order to give you, the customer, a curated shopping experience (the “Services”). ORAZA is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referred to in them (these “Terms of Service” or “Terms”, also referred to as our Terms and Conditions), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They contain important information about your legal rights, including warranty disclaimers, limitations of liability, and the law that governs any dispute between us.
By visiting, interacting with or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms or to our Privacy Policy, you should not access or use the Services.
1. Access and Account
By agreeing to these Terms, you represent that you are at least 18 years of age, or the age of majority in your jurisdiction if that age is higher, and that 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 browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
2. Our Products
We have made every effort to represent our products accurately in our online store. Please note, however, that colors and product appearance may differ from how they appear on your screen, depending on the device you use and on its settings and configuration.
We do not warrant that the appearance or quality of any product purchased by you will meet your expectations, or that it will be identical to the way it is depicted or rendered in our online store.
All product descriptions 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 to limit the quantities of any product we offer to any person, geographic region or jurisdiction, on a case by case basis.
3. Orders
When you place an order, you are making an offer to purchase. ORAZA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted.
You may cancel your order at no cost at any time before it has been dispatched, as set out in our Returns and Refunds Policy. Once a shipment has been handed to our courier partner it can no longer be cancelled. If we decline, change or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.
Returns, exchanges and refunds are available solely in accordance with our Returns and Refunds Policy. Please note in particular that we do not accept returns or exchanges once an order has been delivered, because our products are personal care and hygiene items. This does not affect your right to a refund in the circumstances described in that policy, and it does not limit any right available to you under applicable law.
You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export.
4. Prices, Taxes and Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed, and will be set out in your order confirmation email.
Prices displayed in our online store are in Indian Rupees and are inclusive of Goods and Services Tax (GST), unless expressly stated otherwise. Shipping is provided free of charge on all orders within India, as set out in our Shipping Policy. We currently sell and ship only within India, and so customs and import charges do not arise.
Prices posted in our online store may differ from prices offered in physical stores, or in online or other stores operated by third parties. From time to time we may offer promotions that affect pricing and that are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You agree to update your account and other information promptly, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that the payment information you provide is true, correct and complete; that you are duly authorized to use the payment method for the purchase; that charges incurred by you will be honored by your bank or payment provider; and that you will pay the charges incurred at the posted prices, including all applicable taxes.
5. Shipping and Delivery
All delivery timelines quoted in our Shipping Policy are estimates only and are not guaranteed. We are not liable for delays caused by our courier partners, or for delays arising from events outside our reasonable control.
Title to and risk of loss or damage in a product remain with us until the product is delivered to you. Where a shipment is lost in transit, arrives damaged, or is not delivered within the timelines set out in our Shipping Policy, your rights and the process for making a claim are set out in our Returns and Refunds Policy.
6. Intellectual Property
The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by ORAZA, its affiliates or its licensors, and are protected by Indian and international copyright, trademark, patent and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants or should be construed as granting any license or other right to you under any patent, trademark, copyright or other intellectual property of ORAZA, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property laws, including the Copyright Act, 1957 and the Trade Marks Act, 1999. All rights not expressly granted here are reserved by ORAZA.
The ORAZA name, logo, product and service names, designs and slogans are trademarks of ORAZA or of its affiliates or licensors. You must not use them without our prior written permission. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.
7. Optional Tools
You may be given access to customer tools offered by third parties as part of the Services, which we neither monitor nor control and over which we have no 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 have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should make sure you are familiar with, and approve of, the terms on which those tools are provided by the relevant third party.
We may also, in future, offer new features through the Services, including the release of new tools and resources. Any such features form part of the Services and are subject to these Terms.
8. Third Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third party functionality. We are not responsible for examining or evaluating the content or accuracy of any third party material or website you choose to access. If you decide to leave the Services in order to access such material or sites, you do so at your own risk.
We are not liable for any harm or damage relating to your access to any third party website, or to your purchase or use of any product, service, resource or content on any third party website. Please review the relevant third party's policies and practices carefully, and make sure you understand them, before you enter into any transaction. Complaints, claims, concerns or questions about third party products and services should be directed to that third party.
9. Relationship With Shopify
ORAZA 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 ORAZA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and ORAZA, including any injury, damage or loss resulting from products and services purchased. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with ORAZA.
10. Privacy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to the Shopify Consumer Privacy Policy. By using the Services, you acknowledge that you have read both.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than the one in which you reside, in order to provide the Services to you. Please see our Privacy Policy for more detail on how we, Shopify and our partners use your personal information.
11. Feedback
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. We may, for example, use these rights to operate, provide, evaluate, enhance, improve and promote the Services, and to perform our obligations and exercise our rights under these Terms.
You also represent and warrant that you own or hold all necessary rights to your Feedback; that you have disclosed any compensation or incentive received in connection with it; and that it complies with these Terms. We are under no obligation to keep your Feedback confidential, to pay compensation for it, or to respond to it.
We may, but are not obliged to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not be libelous or otherwise unlawful, abusive or obscene, and will not contain any virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We take no responsibility and assume no liability for Feedback posted by you or by any third party.
12. Errors, Inaccuracies and Omissions
Occasionally there may be information on or in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders where any information is inaccurate, at any time and without prior notice, including after you have submitted your order.
13. Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
- For any unlawful or malicious purpose.
- To violate any applicable international, national, state or local law, rule, regulation or ordinance.
- To infringe or violate our intellectual property rights or those of any other person.
- To harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or any other person.
- To transmit false or misleading information.
- To send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam or any similar solicitation.
- To impersonate or attempt to impersonate any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that we determine may harm ORAZA, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; collect or track the personal information of others; spam, phish, pharm, pretext, spider, crawl or scrape; or interfere with or circumvent the security features of the Services, of any related website, of other websites, or of the internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have breached any part of these Terms.
14. Termination
We may terminate this agreement or your access to the Services, or any part of them, at our sole discretion and at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law and Jurisdiction, Privacy, and any other provision that by its nature should survive termination.
15. Disclaimer of Warranties
The information presented on or through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such material by you, by any other visitor to the Services, or by anyone who may be informed of its contents.
EXCEPT AS EXPRESSLY STATED BY ORAZA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Nothing in this section limits or excludes any right or remedy available to you as a consumer under the Consumer Protection Act, 2019 or other applicable law in India. Where any provision of this section conflicts with such law, that law prevails.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL ORAZA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
WHERE LIABILITY CANNOT LAWFULLY BE EXCLUDED, OUR TOTAL AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY ORDER SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
Nothing in this section limits or excludes any right or remedy available to you as a consumer under the Consumer Protection Act, 2019 or other applicable law in India, or our liability for death or personal injury caused by our negligence, or for fraud.
17. Indemnification
You agree to indemnify, defend and hold harmless ORAZA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, payable to any third party and arising out of your breach of these Terms or of the documents they incorporate by reference, your violation of any law or of the rights of a third party, or your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.
18. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such a determination will not affect the validity or enforceability of any remaining provision.
19. Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, and any policies or operating rules posted by us on this site or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior version of these Terms.
Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.
20. Assignment
You may not delegate, transfer or assign these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent and without notice to you.
21. Governing Law and Jurisdiction
These Terms, and any separate agreement under which we provide you the Services, are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
You and ORAZA agree that the courts at Surat, Gujarat, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Services, and you consent to the venue and personal jurisdiction of those courts. Nothing in this section affects any right you may have as a consumer to bring proceedings before a consumer commission having jurisdiction under the Consumer Protection Act, 2019.
22. Grievance Redressal
In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology Act, 2000 and the rules made under it, the details of our Grievance Officer are set out below.
Email: help.oraza@gmail.com
Address: A-203, Twin Tower, Abrama Road, Mota Varachha, Surat, Gujarat 394101, India
We will acknowledge any complaint within 48 hours of receipt and will work to resolve it within one month, in accordance with applicable law.
23. Headings
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
24. 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 and changes to our website, and we will update the “Last updated” date above when we do. It is your responsibility to check this page periodically. We will notify you of any material change in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any change is posted constitutes acceptance of that change.
25. Contact Information
Questions about these Terms should be sent to us at help.oraza@gmail.com. Our contact details are set out below.
ORAZA
A-203, Twin Tower, Abrama Road
Mota Varachha, Surat, Gujarat 394101
India
Email: help.oraza@gmail.com
Support hours: Monday to Sunday, 10:00 AM to 6:00 PM IST
