Terms and Conditions of Use
1. Introduction
Welcome to Ohmni.com ("Website"). These terms and conditions ("Terms") govern your use of our Website and the purchase of any products available through our Website. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Website.
2. Use of Website
a. You may use our Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website:
i. In any way that violates any applicable federal, state, local, or international law or regulation;
ii. To engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Website;
iii. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
iv. To impersonate or attempt to impersonate Ohmni.com, a Ohmni.com employee, another user, or any other person or entity.
b. We reserve the right to terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
3. Product Orders
a. All purchases made through our Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Website or limit the sales of our products or services to any person, household, geographic region, or jurisdiction.
b. 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 credit card, and/or orders that use the same billing and/or shipping address.
4. Intellectual Property
a. All content on our Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ohmni.com or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.
b. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Website without our prior written consent.
5. Limitation of Liability
In no event shall Ohmni.com, its affiliates, or their respective officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of our Website or the purchase of any products from our Website.
6. Product Representation
a. Ohmni.com makes every effort to accurately display and describe the products available on our Website. However, please note that the actual colors, sizes, textures, and other characteristics of the garments may vary slightly from how they appear on your screen.
b. Variations in color, size, texture, and other characteristics may occur due to differences in monitor settings, lighting conditions, photographic limitations, and manufacturing processes. Therefore, we cannot guarantee that the products you receive will be identical to the images and descriptions displayed on our Website.
c. By making a purchase on Ohmni.com, you acknowledge and accept that the garments you receive may look slightly different from how they are advertised on our Website. We strive to minimize any discrepancies and ensure your satisfaction with your purchase.
7. Shipping, Import Customs Taxes, and Duties
a. All shipping, import customs taxes, and duties associated with the delivery of products purchased from Ohmni.com are the sole responsibility of the buyer.
b. Ohmni.com is not responsible for any additional charges imposed by customs authorities or shipping carriers, including but not limited to import duties, taxes, tariffs, brokerage fees, or other related charges.
c. It is the buyer's responsibility to be aware of and comply with any applicable customs regulations and import duties in their country of residence. Failure to do so may result in delays, additional charges, or the refusal of delivery by customs authorities.
d. Ohmni.com shall not be held liable for any consequences arising from the buyer's failure to pay import customs taxes or duties, including but not limited to delayed delivery, refusal of entry by customs authorities, or return of the shipment to Ohmni.com.
8. Order Termination
a. Ohmni.com reserves the right to terminate any order placed on our Website in the event of errors or inaccuracies, including but not limited to errors in product prices, descriptions, availability, or any other information displayed on our Website.
b. In the event of such errors or inaccuracies, Ohmni.com may, at its sole discretion:
i. Cancel the order and refund any payment made by the buyer;
ii. Contact the buyer to provide options for proceeding with the order, such as adjusting the price or correcting the information; or
iii. Refuse or cancel the order and provide a full refund if the buyer does not agree to the revised terms.
c. Ohmni.com shall not be liable to the buyer or any third party for any damages or losses arising from the termination of orders due to site errors or inaccuracies.
9. Indemnity
a. You agree to indemnify, defend, and hold harmless Ohmni.com, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or are related to:
i. Your use or misuse of our Website;
ii. Your violation of these Terms;
iii. Your violation of any rights of another party, including but not limited to intellectual property rights or privacy rights; or
iv. Any dispute or issue between you and any third party arising from your interactions with our Website.
b. Ohmni.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Ohmni.com in asserting any available defenses.
10. Survival of Terms
a. In the event that Ohmni.com terminates its operations or discontinues the Website for any reason, these Terms and Conditions shall continue to apply to any transactions or interactions that occurred prior to the termination.
b. Any provisions of these Terms and Conditions that, by their nature, should survive termination shall survive termination, including but not limited to provisions regarding intellectual property, limitations of liability, indemnity, and dispute resolution.
This clause ensures that the terms and conditions will remain applicable to transactions or interactions that occurred before the termination of the website and that certain provisions will continue to survive termination for the protection of both parties.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12. Disclaimer: Not Medical Advice
a. OHMNI products and the information provided on this website are intended solely for informational and educational purposes. While our products are designed to potentially mitigate exposure to electromagnetic fields (EMF), it is important to note that they are not medical devices and should not be used as a substitute for professional medical advice, diagnosis, or treatment.
b. The information provided on this website, including but not limited to product descriptions, articles, and any other materials, is not intended to diagnose, treat, cure, or prevent any disease or health condition. Any reliance on the information provided on this website is at your own risk. If you have any medical concerns or questions regarding electromagnetic sensitivity or any other health issues, please consult a qualified healthcare professional for personalized advice and treatment.
c. OHMNI shall not be held liable for any direct, indirect, consequential, special, exemplary, or other damages arising from the use of our products or the information provided on this website, including but not limited to, loss of profits, data, or use, even if advised of the possibility of such damages. By using this website and purchasing our products, you acknowledge and agree that you have read, understood, and accepted the terms of this disclaimer.
13. Metal Allergy Disclaimer
a. OHMNI products may contain metals such as silver, copper, nickel, or other materials that may cause allergic reactions in some individuals. If you have known allergies to metals or any other materials used in our products, it is important to refrain from using or wearing them.
b. By purchasing and using our products, you acknowledge and accept the risk associated with potential allergic reactions. OHMNI shall not be held liable for any allergic reactions or adverse effects caused by the materials used in our products.
c. It is the responsibility of the customer to carefully review the product descriptions and materials used before making a purchase. If you are uncertain about whether our products are suitable for you due to allergies or other health concerns, we recommend consulting with a healthcare professional prior to use.
GDPR Compliance
a. Ohmni.com is committed to protecting the privacy and personal data of our users in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
b. By using our Website, you consent to the collection, processing, and storage of your personal data as described in our Privacy Policy.
c. We collect and process personal data for the following purposes:
i. To provide and improve our services;
ii. To communicate with you regarding your orders, inquiries, or requests;
iii. To personalize your experience on our Website;
iv. To analyze and understand how our Website is used;
v. To comply with legal obligations.
d. We implement appropriate technical and organizational measures to ensure the security and confidentiality of your personal data.
e. You have the right to access, rectify, or delete your personal data, as well as the right to restrict or object to its processing. You may exercise these rights by contacting us using the contact information provided in our Privacy Policy.
f. We may share your personal data with trusted third parties, such as service providers or business partners, only to the extent necessary to fulfill the purposes for which the data was collected and in compliance with applicable laws.
g. By using our Website, you acknowledge and agree to the transfer of your personal data to countries outside of the European Economic Area (EEA) or your country of residence, where data protection laws may be different.
h. We may update our Privacy Policy from time to time to reflect changes in our data processing practices or legal requirements. We will notify you of any material changes to our Privacy Policy by posting the updated policy on our Website or by other means as required by law.
i. If you have any questions or concerns about our GDPR compliance or our data processing practices, please contact us using the contact information provided in our Privacy Policy.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e mail at contact@ohmni.com