Terms & Conditions
Ohrangutang Shop Terms of Use
This agreement applies between you, the User of this Website and Ohrangutang Care, the owner(s) of this Website.
By using this website, ever since the first time, you agree and accept to be bound by Articles 1, 2, 5 – 12 and 16 – 26 of these Terms and Conditions.
Articles 3 and 13 – 15 apply only to the sale of our products. If you do not agree to rule by these Terms and Conditions, you should stop using our Website immediately.
Your order constitutes a contractual offer and our acceptance of that offer is considered valid by us sending your order confirmation email to you, indicating that your order has been accomplished and is on its way.
1. Definitions and Interpretation
In this Agreement the next terms have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased products from our Store to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Service” means collectively any online facilities, tools, services or information that Ohrangutang Care makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of our products from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Local” means our fulfillment center at 7063 NW 113 Place – Doral, FL 33178 – United States
“System” means any online communications infrastructure that Ohrangutang Care makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Ohrangutang Care and acting in the course of their employment;
“Website” means the website that you are currently using (https://www.ohrangutangcare.com/) and any sub-domains of this site (e.g. subdomain.https://www.ohrangutangmission.com/) unless expressly excluded by their own terms and conditions;
“We/Us/Our” means Ohrangutang Care, a company incorporated in the State of Florida under the name Ohrangutang Care LLC – 7063 NW 113 Place – Doral, FL 33178 – United States
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid or Exclusive Content and / or any communications System on the Website;
2. Age Restrictions
Persons under the age of 18 should not use this Website.
3. Business Customers
These Terms and Conditions do not apply to influencers or partners buying our products in the course of business.
5. Intellectual Property
5.1 Subject to the exceptions in Article 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ohrangutang Care, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States and international intellectual property and other laws.
5.2 Subject to Article 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images, descriptions, photos, videos and any other media belong to Ohrangutang Care.
6.2 You may not reproduce, copy, distribute, store or in any other way re-use such material unless otherwise indicated on the Website or directly by Ohrangutang Care.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Ohrangutang Care or our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other sites may do so to the homepage of the site https://www.ohrangutangcare.com/ without our prior permission.
10. Use of Communications Facilities
10.1 By using the System on the Website means you agree with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not upload any Content that is unlawful or otherwise unpleasant. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, homophobic, sexist or racist;
10.1.3 You must not deliver Content that is intended to promote or incite violence;
10.1.4 It is advised that comments or any queries are made in English as we won’t be able to respond to enquiries written in any other languages;
10.1.5 The way you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and representatives of Ohrangutang Care or Our affiliates; and
10.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
Failure to perform with these rules may result in your Account getting suspended or closed.
10.2 You acknowledge that Ohrangutang Care reserves the right to monitor any and all communications made to Us or using Our System.
10.3 You acknowledge that Ohrangutang Care may retain copies of any and all communications made to Us or using Our System.
10.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you renounce here and now your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
11. Accounts
11.1 In order to purchase products on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based on your use of the Website as We may only require Payment Information when you wish to make a purchase. By continuing to use this Website you perform and guarantee that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and allowance.
11.2 We recommend you not to share your Account details, particularly your username and password. We accept no responsibility for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, we recommend you to not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are shipped.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and Cancellation of Accounts
12.1 Either Ohrangutang Care or you may terminate your Account. If we terminate your Account, we will notify you by email to explain to you. In spite of the former, We reserve the right to terminate without giving reasons.
12.2 If We terminate your Account, any current or pending orders on your Account will be cancelled and will be shipped.
12.3 We reserve the right to cancel orders without stating reasons, for any reason prior to processing payment and shipping.
12.4 If orders are cancelled for any reason prior to shipping you will be refunded any amount paid in relation to those orders within 14 calendar days.
12.5 If you terminate your Account, any unshipped orders will be cancelled and you will be refunded any money paid in relation to those orders within 14 calendar days.
13. Products, Pricing and Availability
13.1 We assure we did everything in our hands to ensure that all photos and descriptions of our products available in the store correspond to the actual Products, but we are not responsible for variations from such descriptions. This does not exclude our responsibility for mistakes due to negligence from us and refers only to minor variations of the correct Products, not different ones altogether. Please refer to Article 15.1 for incorrect Products.
13.2 Where suitable, you might need to select the required variation of the products that you are purchasing.
13.3 We neither represent nor guarantee that Products will be available. Stock indications are not always provided on the Website. Such indications may not take into account sales that have taken place during your visit to the Website.
13.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5 All prices for delivery within the United States (excluding outermost regions) are shown VAT included. For the rest of the countries (and EU outermost regions) prices are shown VAT excluded and customers are responsible for customs & duties taxes.
14. Orders and Delivery
Your order constitutes a contractual offer and our acceptance of that offer is considered valid by us sending your order confirmation email to you, indicating that your order has been accomplished and is on its way.
14.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we decide to accept. Our acceptance is validated by us sending to you an order confirmation email. Only after we have sent you an order confirmation email there is a binding contract between Ohrangutang Care and you.
14.2 Order confirmations under sub-Article 14.1 should contain the following information:
14.2.1 Confirmation of the Products ordered including full details of the main characteristics of those Products;
14.2.2 Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges;
14.2.3 Estimated delivery date(s) and time(s);
14.3 We will also send you an order confirmation on paper with your Product shipping.
14.4 If We, for any reason, do not accept your order, no payment will be taken under normal circumstances. In any event, any amount paid by you related to that order will be refunded within 14 calendar days.
14.5 Your order will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.
14.6 The responsibility of the safety and well-being of our products is ours until they come into your possession.
15. Returns Policy
Ohrangutang Care aims to always provide high quality Products that are fault free and undamaged. However, in a random case our Products need to be returned, the process is ruled by these Terms and Conditions.
15.1 If you receive Products which do not match the ones you ordered, you should contact Us within 14 calendar days to arrange collection and return. You will be given the option to have the Products replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Products. Replacements will be issued upon Our receipt of the returned Products. Products must be returned in their original condition with all packaging and documentation. The packaging does not need to be unopened. Refunds will be issued within 14 days after receipt of the returned Products and will include standard delivery charges.
15.2 If Products are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the Products have been damaged. To return the damaged Products, please contact Us within 14 calendar days to arrange collection and return. We are fully responsible for paying shipment costs. You will be given the option to have the Products replaced or to be refunded through the payment method used by you when purchasing the Products. Replacements will be issued upon Our receipt of the returned Products. Refunds will be issued no later than 30 calendar days after receipt of the returned Products and will include standard delivery charges.
15.3 If any Products you have purchased have faults when they are delivered to you, you should contact Us within 14 calendar days to arrange collection and return. You will be given the option to have the Products replaced or to be refunded through the payment method used by you when purchasing the Products. We are fully responsible for paying shipment costs. Replacements will be issued upon Our receipt of the returned Products. Refunds will be issued within 14 days and in any event no later than 30 calendar days after receipt of the returned Products and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.
15.4 If any Products you have purchased develop faults within 14 calendar days of delivery, you may be entitled to a replacement but not a refund. In order to arrange for such a replacement you should contact Us within the 14calendar day period to arrange collection and return. We will assess the Products and alleged faults upon receipt and if We conclude (at Our sole discretion, acting reasonably and in good faith) determine that the fault is not a result of mistreatment by you (deliberate, negligent or otherwise), We will issue replacement Products at no additional cost to you.
15.5 If any Products develop faults beyond 14 calendar days from delivery but within their warranty period, you are entitled to a repair or replacement under the terms of that warranty. Ohrangutang Care is not a party to such warranties and you must therefore contact the manufacturer of the Products directly.
15.7 Ohrangutang Care may not be able to accept returns under the following circumstances:
15.7.1 Products made to your specifications or that have been personalised;
15.7.2 Products which are liable to deteriorate or expire rapidly;
15.7.3 Products which are sealed for health or hygiene reasons that have been unsealed after delivery;
15.7.4 Products which are, after delivery, according to their nature, inseparably mixed with other items;
15.7.6 Any use or enjoyment that you may have already had out of the Products beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop). Please note that opening packaging does not prevent you from returning Products unless the Products fall under sub-Article 15.7.3 and in any event does not include the opening of delivery packaging, only the packaging of the product itself.
16. Privacy
16.1 Use of the Website is also governed by Our Privacy Policy (https://ohrangutangcare.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
17. How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
17.2 We may use your personal information to:
17.2.1 Provide our Products to you;
17.2.2 Process your payment for the Products; and
17.2.3 Inform you of new products, discounts and promos are available for you. You can request that we stop sending you this information at any time.
17.4 We will not pass on your personal information to any other third parties.
For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.
How you can access your personal information:
You are also entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent as more fully described below.
These rights are limited in some situations – for example, we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent.
Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.
To learn more about your rights, you may write to us at hello@hhrangutangcare.com
Both personal information and personal data have the same meaning in the context of this Privacy Policy.
18. Disclaimers
18.1 We make no warranty or representation that the Website will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our products.
18.2 No part of this Website is intended to constitute health advice and the Content of this Website should not be relied upon when making any health decisions or taking any action of any kind.
18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
19. Changes to the Service and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions related to the sale of Products by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
20. Availability of the Website
20.1 The Website and any Service provided therein is provided “as is” and on an “as available” basis. We give no warranty that the Website will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
22. No Resignation
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a resignation of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Ohrangutang Care.
25. Communications
25.1 We receive all notices / communications sent to us by post to Our Local (see address above) or by email to hello@ohrangutangcare.com.
25.2 We may, if you opt to receive it, send you occasional information about Our products. If you do not wish to receive such information from us, please click on the Unsubscribe link in any email we’ve sent you.
26. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Ohrangutang Care is ruled by and construed in conformity with the Law of the United States. Ohrangutang Care and you agree to submit to the jurisdiction of the Florida courts.