Terms & Conditions
Terms of Use (August 1, 2022)
Welcome to the wear-oni.com website. Our Terms of Use (this “ToU”) describes the terms and conditions applicable to your access and use of the wear-oni.com internet website and the internet-based store hosted and facilitated thereon (collectively, the “Site”) that sells the Oni products (the “Products”) made available through the Site (collectively, the “Service”). The Site and the Service are provided to you, subject to this ToU, by Oni, a division of Natasha Creations Co., Ltd. a limited company existing under the laws of Thailand (as used herein, “Oni,” “we,” “us,” or “our”). This ToU hereby incorporates by reference, makes a part hereof and includes those additional terms and conditions and policies referenced herein and/or available by hyperlink, such as our Privacy Policy and our Shipping & Returns policy (herein, our “Shipping Policy”). You agree that our provision of the Site and the Service would not be possible on the same terms without your agreement to this ToU. Please read all of our policies carefully.
Oni may amend this ToU at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to our ToU. For your convenience, the date of last revision is included at the top of this page. Oni may make changes to the Site and/or the Service at any time. You understand that Oni may discontinue or restrict your use of the Site and/or Service for any reason or no reason with or without notice.
The Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
YOUR USE OF THE SITE AND/OR THE SERVICE, OR ANY PURCHASE OF A PRODUCT THROUGH THE SITE, SIGNIFIES THAT YOU AGREE TO THIS ToU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS ToU, INCLUDING ANY MODIFICATIONS THAT ONI MAKES FROM TIME TO TIME.
By using the Site or the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU. Oni may revise the Privacy Policy at any time, and the new versions will be available on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or Service.
Oni will revise this ToU as the Site and/or Service evolves. You must agree to all revisions if you choose to continue using the Site and/or Service. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service.
By agreeing to this ToU, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents over the age of thirteen (13) to use this site. No minor dependent under the age of thirteen (13) may purchase Products from the Site or may use this Site or provide information (including Personal Information, as defined in our Privacy Policy) to us through the Site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the ToU may and can result in an immediate termination of your Services.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you are under 18, you may not use or access the Site without the involvement of a parent or guardian over the age of 18.
Related to the above, please note that the Internet, being an open network, is not secure. If you choose to send us electronic communications via the Site, including through, by or with any of the Social Media Features (as such term is defined in Section 8 of this ToU), whether by means of email or posted messages on the Site or on, with, through, by or at any of the Social Media Features, you recognize the inherent risk of such an open network. You agree that we do not, and cannot, guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, when we request that you provide us with Personal Information (as defined in our Privacy Policy), including credit card information, to complete a transaction or survey, or enter a contest, we use commercially reasonable security measures meeting industry standards to protect that information. Credit card information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions.
Oni reserves the right to deny service to any person at Oni’s sole and absolute discretion. The Service is offered with the understanding that Oni may terminate your access to the Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. Oni may stop offering and/or supporting the Service at any time.
After you place an order we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address. Orders will not be accepted for delivery outside the country which is selected. We may contact you if additional information is required to accept your order. Invalid order information will result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute Oni’s acceptance of your order. Without prior notification, Oni maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. Oni reserves the right not to sell to resellers. If your order is cancelled, we will attempt to notify you using the e-mail address you have given us with the order. You will not be charged if your order is cancelled. If your payment method has already been charged for an order that is later cancelled, Oni will issue you a refund.
Our Products are made with natural metals and stones, and we do not guarantee any exact color or measurement as described. Please note that we have endeavoured to be as accurate as possible in describing and displaying the attributes, sizes, colors and other features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the colors, quality, product descriptions, measurements or other content on the Site or of the Service is complete or is completely accurate, reliable, current, or error-free.
We reserve the right, but are not obligated, to limit the sales of our Products or the offering of the Service 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 or services that we offer. All descriptions of products or product pricing are subject to change at any time 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, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Site or in the Service will be corrected.
Oni does not sell Products through its Site to children, but only to adults, who can purchase with a credit card or other permitted payment method as described above. If you are under 18, you may use the Site only with the prior authorization and approval of your parent or legal guardian and his, her or their involvement in your use of the Site, the Service and purchase of any Products.
We accept various payment methods for Product purchases through our Site, including various credit cards and debit cards. We will bill your payment method when you place an order for a Product through the Service. Oni will not fulfil any Product order without authorization validation of your purchase from your payment method.
You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time.
We will ship the Products you purchase via the shipping method of our choice, on the terms and conditions set forth in our Shipping Policy, including the fees set forth therein. Our Shipping Policy is available on our Site by hyperlink, and any purchase of our Products constitutes an acceptance of the terms and conditions set forth in our Shipping Policy. We do not guarantee the services of any third-party shipping service and delivery dates and times are not guaranteed. During busy times, such as holiday periods, and periods of inclement weather, there can be additional processing and shipping delays. If there is a problem with a delivery, including, but not limited to, damage, loss or late delivery, you agree to hold third-party shipping service liable and to contact Oni Customer Support to resolve the issue. You agree not hold Oni liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. All merchandise is shipped FOB from any place we designate the merchandise leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise due to circumstances in which we take this action.
Products purchased from wear-oni.com are easily returned within 30 days of receipt of shipment in accordance with our terms and conditions for returns. Our terms and conditions for return are included as part of our Shipping Policy and can be accessed and read by clicking on the hyperlink labelled “SHIPPING/RETURNS.”
Use of Site and Service.
Oni permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. Oni reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The following actions are also expressly prohibited: (i) Transmitting unsolicited email or spam; (ii) Using any of our domain names as a pseudonymous return email address for any electronic communications; (iii) Pretending to be someone else or spoof their identity; (iv) Soliciting business, selling products, or otherwise engaging in commercial activities or personal advertisements; (v) Using the Site to perpetrate fraud, misrepresentation or illegal activity; (vi) Attempting to gain unauthorized access to the Site or another user’s account, through hacking, password mining or any other means; (vii) Attempting to circumvent or compromise any security measures; (viii) Creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities; (ix) Deep linking to any part of the Site; (x) Modifying, altering, or tampering with systems hardware or software; (xi) Creating multiple accounts through the Site; (xii) Intentionally submitting inaccurate information or falsifying information submitted to us for the purpose of creating multiple accounts; (xiii) Purchasing or attempting to purchase any Oni Product other than as and in the name of the consumer who intends to purchase the Product for personal use, and not for resale, export, distribution or otherwise; or (xiv) Assisting or permitting any person engaging in any of the activities described above.
No Violation of Laws.
You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Links from the Site.
The Site may contain links to websites operated by other parties. Oni provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Oni. Oni does not assume any obligation or duty to examine or evaluate the content or accuracy on these other websites, and Oni is not responsible for the content available on the other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions and/or activities made, undertaken, performed or occuring in connection with any third-party websites.
Such links do not imply Oni’s endorsement of information or material on any other website and Oni disclaims all liability with regard to your access to and use of such linked websites, including, without limitation, for any other materials, products, or services of third-parties that are sold or advertised on such websites.
The Service includes features that operate in conjunction with our pages found on certain third party social media and social networking websites that you visit ("Social Media Features"). While your use of the Social Media Features is governed by this ToU, your access and use of third party social networking websites and the services provided through those platforms is governed by the terms of service and other agreements of such platforms. It is impossible for Oni to determine in each case whether your use of the Social Media Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party platforms. You understand and acknowledge that your use of the Social Media Features may cause you to violate or breach the terms of service and other agreements posted on these third party platforms which could result in the termination of your account and ability to access these third party platforms and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL MEDIA FEATURES AND THAT ONI WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OF ANY OF THOSE PLATFORMS, NOR SHALL ONI BE LIABLE TO YOU OR ANYONE ELSE ON ACCOUNT OF YOUR VIOLATION OR BREACH OF ANY TERMS, REQUIREMENTS AND/OR PROVISIONS OF ANY OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL MEDIA FEATURES.
IN ADDITION YOU AGREE THAT YOU ASSUME THE RISK OF YOUR USE OF THE SOCIAL MEDIA FEATURES AND THAT ONI WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM, LOSS, SUFFERING OR DAMAGES YOU HAVE OR MAY HAVE OR ANY OTHER CLAIMS ARISING OR OCCURING DUE TO, IN CONNECTION WITH, OR AS A RESULT OF OR FROM YOUR USE OF THE SOCIAL MEDIA FEATURES.
If you post or send, whether on, to or at wear-oni.com or with, to, through at or by means of any of the Social Media Features, any submissions, including without limitation, comments, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or by mobile phone submission, posting, or by a click or tagging or response or otherwise (each, a
“Posting” and collectively, “Postings”), you agree that we may, at any time, without restriction, edit, reproduce, revise, copy, publish, distribute, translate and otherwise use in any medium any Posting or Postings that you make forward to us. We are and shall be under no obligation (1) to maintain any Postings in confidence; (2) to pay compensation for any Postings; or (3) to respond to any Postings.
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 this ToU.
You agree that your Postings 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 Postings 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 platform or site. You are solely responsible for any Postings you make and their accuracy. We take no responsibility and assume no liability for any Postings posted by you or any third-party.
Oni does not claim ownership of any materials you make available through the Site or through any of the Social Media Features. At Oni’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, including without limitation the Postings (as defined below) you grant Oni a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 9. You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your Postings. You also grant other users of the Site permission to access, use, record, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your Postings in any medium (whether now known or later developed). You voluntarily waive all moral rights you may have in your Postings. We do not guarantee any confidentiality with respect to any Postings that you may submit, upload, post or otherwise provide to the Site, and it is your responsibility to protect any rights that you may have in your Postings. Please also be aware that any personally identifiable information that you choose to include in your Postings for publication on the Site or with, through or by any of the Social Media Features will not be protected. If Oni has provided you with any free or discounted product or other item of value (other than sales and discounts available to the general public), you agree to disclose the value received in your Postings in compliance with Section 5 of the Federal Trade Commission Act, and the rules and regulations and other regulatory authority and guidance of the Federal Trade Commission implementing Section 5 and otherwise related thereto.
Trademarks.
ONI is the trademark/service mark of Oni. Unauthorized use of any Oni trademark, service mark or logo may be a violation of federal and state trademark laws.
Copyright.
The Site and Service and the content made available through the Site and Service are protected by U.S. and international copyright laws. You may not use, modify, reproduce or distribute any of the content, or the design or layout of the Site or Service, or individual sections of the content, design or layout of the Site without Oni’s express prior written permission.
Copyright Agent.
Oni respects the intellectual property rights of others, and requires that the people who use the Site and the Service do the same. Oni maintains a policy of termination in appropriate circumstances of users who use the Site and/or Service for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent: Compliance Department, support@wear-oni.com
THE SITE, PRODUCTS AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ONI MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. ONI DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONI, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, PRODUCTS, THE SERVICE, AND/OR THE SOCIAL MEDIA FEATURES EVEN IF ONI AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF ONI OR ANY OF THE RELATED PARTIES EXCEED THE LESSER OF (I) USD $50.00 OR (II) THE AMOUNT YOU PAID US FOR THE PRODUCT OR, IF GREATER THAN THE AMOUNT YOU PAID US FOR THE PRODUCT, FOR THE USE OF THE SITE OR SERVICE DURING THE THREE (3) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE.
ONI WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES OR DAMAGES INCURRED IN CONNECTION WITH THE SERVICE OR THE PURCHASE OF PRODUCTS, OR YOUR USE OF ANY OF THE SOCIAL MEDIA FEATURES, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS OR OMISSIONS; (2) YOUR VIOLATION OF ANY OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY CONTAINED IN THIS ToU; (3) YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER INFORMATION THAT YOU ARE ASKED TO PROVIDE IN CONNECTION WITH THE SALE OF THE PRODUCTS; (4) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD PARTIES CONTRACTED BY ONI; OR (5) NONDELIVERY, MISDELIVERY OR LATE DELIVERY OF PRODUCTS OR PRODUCTS LOST OR DAMAGED IN SHIPMENT.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Oni and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify, defend and hold harmless Oni and our parent, subsidiaries, affiliates, partners, officers, directors, members, shareholders, agents, attorneys, contractors, licensors, service providers, subcontractors, suppliers, staff, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this ToU or the documents it incorporates by reference, or your violation of any law or infringement upon, offense against violation of or damage to the rights of a third-party.
If this Agreement is also provided in a language other than English, the English version will be decisive, under all circumstances, in case of differences in interpretation. Specific provisions that apply to the country concerned and are not included in these English ToU will remain fully in force.
In the event that any provision of this ToU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this ToU, and such determination shall not affect the validity and enforceability of any other remaining provisions. The obligations and liabilities of any user of this Site or of the Service incurred prior to the termination of Service or any other termination date shall survive the termination of this ToU for all purposes. This ToU is effective unless and until terminated by either you or us. The failure of us to exercise or enforce any right or provision of this ToU shall not constitute a waiver of such right or provision.
Oni, a division of Natasha Creations., Ltd. is a business existing under the laws of Thailand and headquartered in Thailand. Please find our principal business address below. This ToU, the Site and the Service or Services shall be governed by and construed in accordance with the laws of Thailand.
Our Address: 322/27-29 Bangkok Gems & Jewelry Tower, 14th Floor, Suriwong Road, Siphaya Bangrak, Bangkok 10500, Thailand.