Terms of Service
Effective Date: 7/25/2025
1. Agreement to Terms
By accessing or using our website, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using this site.
2. Use License
Permission is granted to temporarily download one copy of the materials on Opushades for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title.
3. Product Information and Fulfillment
- We strive for accuracy but cannot guarantee all product information is error-free
- Product images are for illustration purposes
- Actual products may vary slightly in appearance
- We reserve the right to correct any errors in pricing or product descriptions
- Products are shipped from international fulfillment centers
- We partner with third-party suppliers to fulfill orders
4. Order Acceptance
We reserve the right to refuse or cancel any order for any reason, including:
- Product availability
- Errors in product or pricing information
- Suspected fraudulent activity
- Violation of these terms
5. Pricing and Payment
- All prices are in USD unless otherwise stated
- Prices are subject to change without notice
- Payment is processed securely through Shopify
- You agree to provide accurate payment information
6. Shipping and Delivery
- Processing time: 2-3 business days
- Shipping time: 7-14 business days
- We are not responsible for delays caused by shipping carriers
- Risk of loss passes to you upon delivery to the carrier
7. Returns and Refunds
Please refer to our Refund Policy for detailed information about returns and refunds. By making a purchase, you agree to our refund policy.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPUSHADES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES
- DAMAGES RESULTING FROM ANY GOODS OR SERVICES PURCHASED
- DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR TRANSMISSIONS OR DATA
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.
9. Privacy
Your use of our website is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.
10. Age Restriction
You must be at least 18 years old to make purchases on our website. By using this site, you represent that you are at least 18 years of age.
11. Intellectual Property
All content on this website, including text, graphics, logos, images, and software, is the property of Opushades or its licensors and protected by international copyright, trademark, and other intellectual property laws.
DMCA Notice: If you believe content on our site infringes your copyright, please notify us at support@opushades.com with:
- Identification of the copyrighted work
- Identification of the infringing material
- Your contact information
- A statement of good faith belief
- A statement of accuracy under penalty of perjury
- Your physical or electronic signature
12. Changes to Terms
We reserve the right to modify these terms at any time. Your continued use of the website following any changes constitutes acceptance of the new terms.
13. Indemnification
You agree to indemnify, defend, and hold harmless Opushades and its officers, directors, employees, agents, and suppliers from any claim, demand, damages, or other losses, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of the site or violation of these Terms.
14. Disclaimer of Warranties
THE WEBSITE AND ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY OF INFORMATION
Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to you.
15. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware.
17. Dispute Resolution
Arbitration Agreement: Any dispute arising out of or relating to these Terms or your use of our services shall be finally settled by binding arbitration in accordance with the JAMS Streamlined Arbitration Rules. The arbitration shall be conducted in Delaware, USA.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You waive the right to participate in a class action or class-wide arbitration.
Small Claims Exception: Either party may bring suit in small claims court for disputes or claims within the scope of its jurisdiction.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Opushades regarding your use of our website and supersede all prior and contemporaneous understandings.
20. Electronic Communications
By using our website, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to our services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements.
21. Assignment
You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign or transfer these Terms without restriction.
22. Contact Information
For questions about these Terms of Service, contact us at:
Email: support@opushades.com
Website: opushades.com
Business Hours: Monday-Friday, 9 AM - 5 PM EST