OVERVIEW
Welcome to Olivia Garden! The terms “we,” “us,” “our,” and “Company” refer to Olivia Garden Inc. Olivia Garden Inc. operates this website, store, and all related information, content, features, tools, products, and services (collectively, the “Services”) to provide customers with a curated shopping experience. Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”) govern your access to and use of the Services. By accessing, browsing, purchasing from, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your jurisdiction or have obtained parental or legal guardian consent. You may be required to provide account, billing, payment, shipping, or other information to use certain portions of the Services. You agree that all information you provide is accurate, current, and complete. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account. We reserve the right to suspend or terminate accounts at our sole discretion.
SECTION 2 – OUR PRODUCTS
We strive to display our products and services as accurately as possible. However, actual colors, packaging, sizing, or appearance may vary depending on device settings, lighting, manufacturing variations, or screen displays. We reserve the right to modify product descriptions, pricing, availability, or specifications at any time without notice, discontinue products at any time, and limit quantities sold to any customer, region, or jurisdiction. We do not guarantee that products, services, or results will meet your expectations.
Customers acknowledge that professional beauty tools and appliances may cause injury, burns, allergic reactions, cuts, or damage if used improperly or contrary to instructions. Olivia Garden Inc. shall not be liable for injuries, damages, or losses arising from misuse, improper handling, unauthorized modifications, negligence, or use inconsistent with the intended purpose of the product.
SECTION 3 – ORDERS
Submitting an order constitutes an offer to purchase. Olivia Garden Inc. reserves the right to accept, reject, limit, or cancel any order at any time for any reason, including suspected fraud, pricing errors, inventory issues, or suspected unauthorized resale. Orders are not accepted until payment has been processed and confirmation has been issued. We reserve the right to refuse service to anyone, cancel duplicate or suspicious orders, limit quantities per household or customer, and request additional verification before fulfilling orders. All sales are subject to our Refund Policy. You represent that purchases are for personal use only and not for resale unless authorized in writing.
SECTION 4 – PRICES AND BILLING
Prices, promotions, discounts, and availability are subject to change without notice. Posted prices do not include taxes, duties, customs fees, shipping, or handling unless expressly stated otherwise. You agree to provide valid and accurate billing and payment information and authorize us to charge your selected payment method for all purchases and associated charges. We reserve the right to correct pricing errors, inaccuracies, or omissions even after an order has been submitted.
SECTION 5 – SHIPPING, DELIVERY, AND RISK OF LOSS
All shipping and delivery dates are estimates only and are not guaranteed. Olivia Garden Inc. is not liable for shipping delays, delivery failures, or losses caused by shipping carriers, customs processing, weather, supply chain disruptions, labor shortages, carrier scanning issues, incorrect shipping information, theft, or events outside our reasonable control. Once an order is transferred to the shipping carrier, title and risk of loss transfer to the customer. Once a package is marked as delivered by the shipping carrier, Olivia Garden Inc. is not responsible for lost, stolen, delayed, misplaced, or missing packages.
Customers are responsible for providing accurate shipping information, monitoring tracking updates, securing the delivery location, and coordinating with the shipping carrier regarding delivery issues. We may assist customers with carrier claims at our discretion, but such assistance does not constitute acceptance of liability or guarantee reimbursement, replacement, or refund.
Customers agree not to initiate fraudulent chargebacks or payment disputes for legitimately fulfilled orders. We reserve the right to provide shipment records, tracking confirmation, delivery scans, customer communications, IP logs, and related evidence to payment processors or financial institutions in response to disputes or chargebacks. We further reserve the right to refuse future orders from customers who engage in fraudulent claims or unjustified chargebacks.
SECTION 6 – OPTIONAL TOOLS
The Services may include access to third-party tools or services that we do not monitor or control. Such tools are provided “as is” and “as available” without warranties or endorsements of any kind. Your use of third-party tools is entirely at your own risk, and we are not liable for any issues arising from third-party products, software, or services.
SECTION 7 – THIRD-PARTY LINKS
The Services may contain links to third-party websites or resources. Olivia Garden Inc. is not responsible for the content, policies, or practices of any third-party websites. Accessing third-party websites is done entirely at your own risk.
SECTION 8 – RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify. However, all sales and transactions are made directly with Olivia Garden Inc. You agree that Shopify and its affiliates are not liable for any claims, damages, losses, or disputes arising from purchases made through our Services.
SECTION 9 – PRIVACY POLICY
Your use of the Services is also governed by our Privacy Policy. By using the Services, you acknowledge that information may be collected, processed, and shared with service providers necessary to operate the Services.
SECTION 10 – FEEDBACK
Any feedback, reviews, submissions, ideas, or suggestions you provide may be used by Olivia Garden Inc. without restriction or compensation. You grant Olivia Garden Inc. a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such content for any purpose.
SECTION 11 – ERRORS AND INACCURACIES
We reserve the right to correct typographical errors, inaccuracies, omissions, pricing mistakes, or product information at any time without prior notice, including after an order has been placed.
SECTION 12 – PROHIBITED USES
You may not use the Services for unlawful purposes, to violate laws or regulations, to infringe intellectual property rights, to distribute malware or harmful code, to interfere with security features, to scrape, copy, mine, or automate access to the Services, to impersonate others, or to transmit spam or fraudulent communications. We reserve the right to suspend or terminate access for violations of these Terms.
SECTION 13 – AGENTS AND AUTOMATED ACCESS
No automated bots, scraping systems, AI agents, crawlers, or automated software may access the Services without our prior written consent. We reserve the right to block, restrict, throttle, or terminate any automated or unauthorized access at our discretion.
SECTION 14 – TERMINATION
We may terminate or suspend access to the Services at any time without notice for any reason. Termination does not relieve you of obligations incurred prior to termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OLIVIA GARDEN INC. DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DURABILITY, ACCURACY, AND RELIABILITY. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OLIVIA GARDEN INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, DELIVERY ISSUES, PRODUCT MISUSE, OR THIRD-PARTY ACTIONS ARISING FROM OR RELATED TO THE USE OF THE SERVICES, PRODUCTS PURCHASED, SHIPPING OR DELIVERY, WEBSITE ERRORS, TECHNICAL FAILURES, OR UNAUTHORIZED ACCESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CASES, OLIVIA GARDEN INC.’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE APPLICABLE ORDER GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME PORTIONS MAY NOT APPLY TO YOU.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Olivia Garden Inc. and its affiliates, officers, directors, employees, contractors, service providers, and partners from any claims, damages, liabilities, losses, costs, or expenses, including attorneys’ fees, arising out of your violation of these Terms, misuse of the Services, violation of any law or third-party rights, negligence, or misconduct.
SECTION 18 – FORCE MAJEURE
Olivia Garden Inc. shall not be liable for delays or failures resulting from causes beyond our reasonable control, including natural disasters, weather events, pandemics, supply chain disruptions, labor shortages, government actions, customs delays, cyberattacks, transportation interruptions, or carrier failures.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions shall remain fully enforceable.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision shall not constitute a waiver. These Terms constitute the entire agreement between you and Olivia Garden Inc. regarding the Services.
SECTION 21 – ASSIGNMENT
You may not assign or transfer your rights under these Terms without our written consent. We may assign or transfer these Terms without notice.
SECTION 22 – GOVERNING LAW
These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in California, and you consent to their jurisdiction.
SECTION 23 – CHANGES TO TERMS
We reserve the right to update or modify these Terms at any time without prior notice. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
SECTION 24 – CONTACT INFORMATION
Questions regarding these Terms may be directed to:
Olivia Garden Inc.
Email: info@oliviagarden.com
Website: https://store.oliviagarden.com
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