Terms of service

TERMS AND CONDITIONS OF SERVICE

OVERVIEW

Welcome to Osmosi! The terms “we”, “us” and “our” refer to Osmosi. Osmosi operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a curated shopping experience (the “Services”). Osmosi is powered by Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with any policies referenced herein (these “Terms and Conditions of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms and Conditions of Service carefully, as they include important information regarding your legal rights and cover matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and Conditions of Service and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms and Conditions of Service, you represent that you have reached the age of majority in your state or region of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you.

In order to use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide through our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services through our online stores. However, please note that the colours or appearance of products may differ from how they appear on your screen due to the type of device used to access the store and the device’s settings and configuration.

We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or correspond exactly to what is represented or displayed through our online stores.

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 may limit the quantities of any product offered to any person, geographic area, or jurisdiction on a case-by-case basis.

LIMITED PRODUCTIONS AND ARTISAN CHARACTERISTICS

Osmosi products are developed through limited productions and artisanal manufacturing processes.

Any natural variations between products, slight differences in colour, texture, finish, or details shall not be considered defects, but rather characteristics inherent to the production process, the materials used, and the handcrafted nature of the product.

Certain products may include handmade components or materials sourced from limited stock and textile archives, making each production partially unique and not perfectly reproducible.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Osmosi reserves the right to accept or reject any order for any reason at its sole discretion. An order shall not be considered accepted until Osmosi confirms its acceptance. Payment must be received and processed before an order is accepted. Please review your order carefully before submitting it, as Osmosi may not be able to accommodate cancellation requests after the order has been accepted. If an order is not accepted, modified, or cancelled, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Purchases are eligible for return or exchange exclusively in accordance with our Refund Policy.

For further information regarding returns, exchanges, and refunds, please refer to the “Returns and Refunds” page.

You represent and warrant that purchases are intended for personal or household use only and not for commercial resale or export.

SECTION 4 – PRICING 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 submitted and will be stated in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping fees, handling fees, customs duties, or import costs.

Prices published in our online stores may differ from prices offered in physical stores or through online stores or other retailers operated by third parties. From time to time, we may offer promotions relating to the Services that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we may complete your transactions and contact you as necessary.

You represent and warrant that: (i) the credit card information provided is true, accurate, and complete; (ii) you are duly authorised to use such credit card for the purchase; (iii) charges incurred will be honoured by the credit card issuer; and (iv) you will pay the charges incurred at the published prices, including shipping and handling fees and all applicable taxes, where applicable.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.

For further information regarding shipping, delivery times, tracking, customs duties, and international shipments, please refer to the “Shipping and Delivery” page.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, visual elements, images, graphics, product reviews, videos, audio content, and the design, selection, and arrangement thereof, are owned by Osmosi, its affiliates, or licensors and are protected by United States and international laws relating to patents, copyright, and other intellectual property rights.

These Terms permit you to use the Services solely for personal and non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material available through the Services without our prior written consent. Except as expressly provided in these Terms, nothing contained herein grants or shall be construed as granting any licence or other rights relating to any patents, trademarks, copyrights, or other intellectual property rights of Osmosi, Shopify, or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Osmosi.

The names, logos, product and service names, designs, and slogans of Osmosi are trademarks of Osmosi, its affiliates, or licensors. You may not use such trademarks without the prior written consent of Osmosi. Shopify’s 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 trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with 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 authority or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, conditions, or endorsements of any kind. 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 and conditions on which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not responsible for any harm or damages related to the access, purchase, or use of products, services, resources, or content available through any third-party websites. Please review carefully the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: this section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

Osmosi is supported by Shopify, which enables us to provide you with the Services. However, all sales and purchases made through our store are conducted directly with Osmosi. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Osmosi, including any damages, injuries, or losses arising from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with Osmosi.

SECTION 10 – PRIVACY POLICY

All personal data collected through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. Information submitted by you through the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries outside your country of residence in order to provide you with services. Please refer to our Privacy Policy [LINK] for further details regarding how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial use. For example, we may exercise the rights granted under this licence to operate, provide, evaluate, improve, enhance, and promote the Services and to fulfil our obligations and exercise our rights under these Terms and Conditions of Service.

You further represent and warrant that: (i) you own or otherwise control all rights necessary to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation whatsoever to (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms and Conditions of Service.

You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could in any way 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 third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility and undertake no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. Where such information is inaccurate, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, state, or local laws, regulations, rules, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam, or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Osmosi, Shopify, users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any portion of the Services; (c) collect or monitor the personal data of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape the Services; (e) use robots, spiders, scraping tools, data mining and extraction tools, automated devices or processes, artificial intelligence tools (including agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or evade any security or authentication features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that any part of these Terms has been violated.

SECTION 14 – AGENTS

14.1

This section (“Agent Terms”) applies if you use, permit, enable, or cause the implementation of an Agent to access, use, or interact with the Services. An “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or under the instruction of any person or entity and that may operate on behalf of or through a person’s device without direct supervision.

14.2

No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set out in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any Service.

14.3

We may establish limits, including through technical measures, regarding the manner and conditions under which an Agent may access, use, or interact with the Services.

14.4

Agents must: (i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and state the Agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”; (ii) not conceal or obscure the fact that any access, use, or interaction originates from an Agent, including by (a) imitating human behaviour and interaction patterns, or (b) completing or bypassing CAPTCHA systems or other measures designed to distinguish computer use from human use; (iii) respond truthfully to any questions or prompts intended to determine whether interactions originate from a human or a computer; and (iv) not circumvent or otherwise avoid any measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.

Even after termination, the following sections shall survive and remain in effect: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance placed on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or anyone who may be informed of any of their contents.

EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER 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 WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, AND THEREFORE THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], 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 SERVICE OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, 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 THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Osmosi, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable legal fees, made by any third party or arising out of: (1) your breach of these Terms and Conditions of Service or the documents incorporated herein by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that any failure to provide prompt notice shall not relieve you of your obligations except to the extent that you are materially prejudiced by such failure. We may control the defence and settlement of such claim at your expense, including the selection of counsel, provided that we will not settle any claim imposing non-monetary obligations without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defence of indemnified claims, including by providing relevant documentation.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment in violation of the foregoing shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of Italy.

For any dispute relating to the use of the website or purchases made through the online store, jurisdiction shall lie with the court provided for under the applicable consumer protection laws.

SECTION 23 - HEADINGS

The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms of Service.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes shall become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to info@osmosistudio.com.

Our contact information is provided below:

Osmosi Studio

info@osmosistudio.com

[INSERT BUSINESS ADDRESS]

[INSERT BUSINESS PHONE NUMBER]

[INSERT BUSINESS REGISTRATION NUMBER]

[INSERT VAT NUMBER]