Terms of service
ACCEPTANCE OF TERMS
1.1 Binding Agreement. These Terms of Service ("Agreement") constitute a legally binding contract between you ("Customer" or "User") and Ornasi ("we," "us," or "our"), the operator of the e-commerce retail platform at ornasi.com ("Platform"). By accessing, browsing, registering an account on, or making any purchase through the Platform, you unconditionally acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, together with our Privacy Policy incorporated herein by reference.
1.2 Capacity to Contract. By accepting these Terms, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you possess the legal capacity to enter into binding contracts under the laws of your applicable jurisdiction; and (c) your use of the Platform does not violate any applicable law or regulation binding upon you.
1.3 Modifications. Ornasi reserves the right to amend, update, or replace any portion of these Terms at any time and at its sole discretion. Amendments become effective immediately upon posting to the Platform with a revised effective date. Your continued use of the Platform following any modification constitutes your unconditional acceptance of the revised Terms. You are solely responsible for reviewing these Terms periodically.
1.4 Entire Agreement. These Terms, together with the Privacy Policy and any supplementary policies published on the Platform, constitute the entire agreement between you and Ornasi with respect to your use of the Platform and supersede all prior or contemporaneous agreements, representations, warranties, or understandings, whether written or oral.
NATURE OF BUSINESS AND IDENTITY OF SELLER
2.1 Ornasi as Independent Retailer and Marketer. Ornasi operates exclusively as an independent online retail distributor and digital marketing platform. We curate, market, and resell cosmetic, skincare, and wellness products sourced from third-party global brands and manufacturers, including but not limited to Galderma, Cutihance, and other comparable brand partners (collectively, "Third-Party Manufacturers").
2.2 Non-Manufacturer Status — Critical Disclosure. ORNASI IS NOT, AND DOES NOT REPRESENT ITSELF TO BE, THE PRODUCER, MANUFACTURER, FORMULATOR, COMPOUNDER, PACKAGER, OR DESIGNER OF ANY PRODUCT SOLD ON THIS PLATFORM. All products listed, marketed, and sold on the Platform are manufactured, produced, and quality-controlled exclusively by their respective Third-Party Manufacturers. Ornasi's role is strictly limited to the retail distribution and digital marketing of such finished products in their original, unaltered form as received from the Third-Party Manufacturers.
2.3 No Endorsement of Formulation. Nothing on this Platform shall be construed as Ornasi endorsing, guaranteeing, or warranting the chemical composition, formulation safety, clinical efficacy, or manufacturing standards of any product. All such responsibilities remain solely and exclusively with the originating Third-Party Manufacturer.
MANUFACTURER LIABILITY EXCLUSION AND DISCLAIMER
3.1 Exclusive Manufacturer Liability. All liability, legal responsibility, and financial accountability for any product defect, design flaw, manufacturing error, contamination, mislabelling, incorrect ingredient listing, inadequate safety warning, or any other deficiency in the nature, quality, composition, or safety of any product sold on this Platform rests solely and exclusively with the originating Third-Party Manufacturer of that product. Ornasi bears no legal or financial liability whatsoever for any such defect, flaw, error, or deficiency.
3.2 Adverse Reactions and Skin Injuries. Ornasi expressly disclaims all liability for any adverse skin reaction, allergic response, irritation, sensitization, chemical burn, dermatitis, injury, illness, or any other physical harm or medical condition that may result from or be connected to the use, misuse, or application of any product purchased through this Platform. Such claims, if any, must be directed exclusively and solely to the relevant Third-Party Manufacturer of the product in question.
3.3 No Alteration of Products. Ornasi does not open, repackage, reformulate, dilute, combine, or in any way alter the physical composition or original packaging of any product prior to its dispatch. Products are dispatched to customers in the original sealed form as received from Third-Party Manufacturers. Accordingly, Ornasi assumes no liability for the contents, formulation integrity, or safety profile of any product.
3.4 Assumption of Risk — Customer Acknowledgement. BY COMPLETING A PURCHASE ON THIS PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
(a) You are purchasing cosmetic, skincare, and/or wellness formulations of your own free will and entirely at your own risk and discretion;
(b) You have independently reviewed, or had a reasonable opportunity to review, the full ingredient list, usage instructions, contraindications, and applicable warnings for any product prior to purchase and use;
(c) You understand that cosmetic and skincare products may contain active chemical ingredients that may cause adverse reactions in individuals with certain skin types, sensitivities, allergies, or pre-existing dermatological conditions;
(d) You accept full and sole personal responsibility for determining whether any product is suitable for your individual skin type, health condition, and personal circumstances, and you acknowledge that it is your personal obligation to consult a qualified dermatologist or medical professional prior to use if you have any concerns;
(e) You voluntarily assume all risk of injury, harm, or adverse reaction arising from your use or misuse of any product purchased through this Platform; and
(f) You acknowledge that Ornasi has not made any representation regarding the suitability, safety, or efficacy of any product for your specific personal use case, and that no such representation shall be implied.
3.5 Regulatory Compliance by Manufacturers. Each Third-Party Manufacturer is solely responsible for ensuring that their respective products comply with applicable cosmetic safety regulations, labelling requirements, ingredient disclosure laws, and all relevant regulatory frameworks in the jurisdictions in which such products are sold or used. Ornasi makes no representation or warranty as to the regulatory compliance of any product.
PRODUCT DESCRIPTIONS, ACCURACY, AND NO WARRANTY
4.1 Informational Purposes Only. All product descriptions, ingredient lists, images, claimed benefits, directions for use, and marketing content displayed on the Platform are provided solely for general informational purposes and are reproduced from information supplied by the respective Third-Party Manufacturers. Ornasi does not independently verify, certify, or warrant the accuracy, completeness, or currency of such information.
4.2 Medical Disclaimer. No content on this Platform constitutes medical advice, dermatological guidance, or a recommendation to use any product for any specific health condition or therapeutic purpose. You should consult a qualified medical or dermatological professional before using any skincare or cosmetic product, particularly if you have a diagnosed skin condition, known allergy, or are undergoing medical treatment.
4.3 Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORNASI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ORNASI MAKES NO WARRANTY THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS, PRODUCE ANY PARTICULAR RESULT, OR BE SUITABLE FOR YOUR INTENDED USE.
COMPREHENSIVE LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 Absolute Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO LEGAL THEORY — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), STATUTE, EQUITY, OR OTHERWISE — SHALL ORNASI, ITS PROPRIETORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, SUPPLIERS, OR REPRESENTATIVES (COLLECTIVELY, "ORNASI PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
(a) Any direct, indirect, incidental, special, consequential, punitive, or exemplary damages of any nature whatsoever;
(b) Any personal injury, bodily harm, skin damage, medical expenses, or physical suffering arising from the use or misuse of any product purchased through the Platform;
(c) Any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings;
(d) Any damage to property or third-party claims arising from your use of any product;
(e) Any errors, omissions, inaccuracies, or interruptions in Platform content or services; or
(f) Any unauthorized access to or alteration of your data or transmissions;
WHETHER OR NOT ORNASI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
5.2 Aggregate Liability Cap. Notwithstanding any other provision of these Terms, in the event that any court or tribunal of competent jurisdiction determines that Ornasi bears any liability to you despite the disclaimers contained herein, Ornasi's total aggregate liability to you for all claims combined shall not exceed the total amount actually paid by you to Ornasi for the specific product transaction giving rise to the claim, in the twelve (12) months preceding the date of the claim.
5.3 Customer Indemnification Obligation. You agree to fully indemnify, defend (at Ornasi's option), and hold harmless the Ornasi Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal fees and court costs), penalties, and judgments of any kind arising out of or relating to:
(a) Your use of, or inability to use, the Platform or any product purchased thereon;
(b) Your violation of any provision of these Terms;
(c) Your violation of any applicable law, regulation, or third-party right;
(d) Any adverse reaction, injury, or harm you or any third party suffers as a result of using any product purchased through the Platform;
(e) Any claim you make against any Third-Party Manufacturer that involves or implicates Ornasi;
(f) Any misrepresentation made by you in connection with your use of the Platform; or
(g) Any content or information you submit to or through the Platform.
5.4 Essential Basis of the Bargain. You expressly acknowledge and agree that the liability limitations, disclaimers, and indemnification provisions set forth in these Terms reflect a reasonable and fair allocation of risk between you and Ornasi, that they are an essential element of the basis of the bargain between the parties, and that Ornasi would not offer products on this Platform in the absence of such limitations.
ORDERS, PRICING, AND PAYMENT
6.1 Order Acceptance. Your placement of an order on the Platform constitutes an offer to purchase, which Ornasi may accept or decline at its sole discretion. A binding contract of sale is formed only upon Ornasi's issuance of an order confirmation. Ornasi reserves the right to cancel any order at any time prior to dispatch for any reason, including but not limited to pricing errors, stock unavailability, or fraud suspicion, and shall issue a full refund in such cases.
6.2 Pricing and Errors. All prices displayed on the Platform are in Indian Rupees (INR) unless otherwise specified and are inclusive of applicable taxes where required by law. Ornasi reserves the right to modify prices at any time without prior notice. In the event of a pricing error, Ornasi shall not be obligated to honour orders placed at the erroneous price and shall notify you and issue a full refund.
6.3 Payment Processing. All payment transactions conducted on this Platform are processed through Razorpay or such other third-party payment gateway service providers as Ornasi may designate from time to time ("Payment Processors"). By submitting payment information, you authorize Ornasi and the designated Payment Processor to charge the applicable fees to your chosen payment method.
6.4 No Storage of Raw Financial Data. Ornasi does not store, retain, or have access to your raw credit card numbers, debit card numbers, CVV codes, banking credentials, or other sensitive financial instrument data on its own servers. All such sensitive payment data is handled exclusively by our Payment Processors using industry-standard encryption and tokenization protocols. Ornasi receives only a transaction confirmation token and limited non-sensitive transaction metadata necessary to process and fulfil your order.
SHIPPING, DELIVERY, AND RISK OF LOSS
7.1 Third-Party Carriers. Ornasi fulfils orders through third-party logistics and courier service providers ("Carriers"). Ornasi makes reasonable commercial efforts to dispatch orders within the timelines indicated on the Platform; however, all delivery timelines are estimates only and are not guaranteed. Ornasi shall not be liable for delays, losses, or damage caused by or attributable to the Carriers.
7.2 Transfer of Risk. Risk of loss and title to any product shall pass to you upon dispatch of the product from Ornasi's dispatch facility and handover to the designated Carrier. From the point of dispatch, any claim relating to lost, delayed, or damaged shipments must be directed to the relevant Carrier.
7.3 Delivery Address Accuracy. You are solely responsible for providing a complete, accurate, and current delivery address at the time of placing your order. Ornasi shall bear no responsibility for non-delivery or misdelivery arising from an incorrect or incomplete address provided by you.
RETURNS, REFUNDS, AND EXCHANGES
8.1 Eligibility. Due to the hygienic and personal-use nature of cosmetic, skincare, and wellness products, Ornasi operates a limited return and refund policy. Returns will only be accepted in cases of: (a) delivery of a product that is visibly damaged, defective upon receipt, or materially different from what was ordered; or (b) such other circumstances as may be required by applicable consumer protection law.
8.2 No Liability for Product Performance. Returns, refunds, or exchanges shall not be available on the basis that a product did not deliver a desired cosmetic result, did not meet subjective performance expectations, or caused a reaction attributable to the product's formulation. Such matters, to the extent legally actionable, are the sole responsibility of the Third-Party Manufacturer.
8.3 Return Procedure. To initiate an eligible return, you must contact Ornasi's customer support team at the contact details provided on the Platform within seven (7) days of receiving your order. Ornasi reserves the right to request photographic evidence of the defect or damage prior to approving any return or refund.
INTELLECTUAL PROPERTY
9.1 Ornasi's Proprietary Content. All content on the Platform, including but not limited to the Ornasi brand name, logo, trade dress, website design, text, graphics, software, and compilations thereof ("Ornasi Content"), is the exclusive intellectual property of Ornasi or its licensors and is protected under applicable intellectual property laws. No Ornasi Content may be reproduced, distributed, modified, or used for any commercial purpose without Ornasi's prior written consent.
9.2 Third-Party Brand Assets. All product names, trademarks, brand names, and logos belonging to Third-Party Manufacturers displayed on this Platform remain the exclusive intellectual property of their respective owners. Their presence on this Platform does not constitute a grant of any licence or right to use such marks.
MANDATORY BINDING ARBITRATION, GOVERNING LAW, AND JURISDICTION
10.1 Governing Law. These Terms and all matters arising from or related to your use of the Platform or any transaction conducted thereon shall be exclusively governed by and construed in accordance with the laws of the Republic of India, including but not limited to the Information Technology Act, 2000, the Consumer Protection Act, 2019, and other applicable Indian statutes, without regard to any conflict of law principles.
10.2 Mandatory Pre-Dispute Resolution. Before initiating any formal legal proceeding or arbitration, you agree to first contact Ornasi in writing at the contact details listed on the Platform and provide a detailed written description of your complaint or claim. Both parties agree to make good-faith efforts to resolve the dispute informally within thirty (30) days of such written notice.
10.3 Binding Arbitration. If the dispute is not resolved through the informal process described in Section 10.2, then any and all disputes, claims, controversies, or differences arising out of or in connection with these Terms, the Privacy Policy, any product purchased through the Platform, or your use of the Website — including any question regarding the existence, validity, breach, or termination of these Terms — shall be finally and exclusively resolved by binding individual arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 (as amended), by a sole arbitrator mutually appointed by the parties, or if the parties cannot agree, appointed in accordance with the said Act.
10.4 Seat and Language of Arbitration. The seat and venue of arbitration shall be Surat, Gujarat, India. All arbitration proceedings shall be conducted in the English language. The arbitral award shall be final and binding upon both parties and enforceable in any court of competent jurisdiction.
10.5 Waiver of Class Action Rights. BY AGREEING TO THESE TERMS, YOU EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING AGAINST ORNASI. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY. FURTHERMORE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM.
10.6 Jurisdiction for Non-Arbitrable Matters. For any matter that is legally determined to be non-arbitrable, or for the purpose of seeking emergency interim or injunctive relief pending arbitration, the parties submit to the exclusive jurisdiction of the competent courts located in Surat, Gujarat, India.
FORCE MAJEURE
Ornasi shall not be liable or responsible for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Ornasi's reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government action or restriction, war, civil unrest, labour disputes, supply chain failures, Carrier disruptions, power outages, or internet or telecommunications failures ("Force Majeure Event"). In the event of a Force Majeure Event, Ornasi's obligations shall be suspended for the duration of the event.
SEVERABILITY AND WAIVER
12.1 Severability. If any provision of these Terms is held by a court or arbitral tribunal of competent jurisdiction to be invalid, unlawful, or unenforceable in any respect, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remainder of these Terms shall continue in full force and effect.
12.2 No Waiver. Ornasi's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorised representative of Ornasi.