Terms of service

ORKIDEA — TERMS OF SERVICE

Last updated: August 4, 2026
Effective date: August 4, 2026

OVERVIEW

Welcome to Orkidea. The terms "we", "us" and "our" refer to Orkidea, a business operated by [INSERT LEGAL ENTITY NAME] with its principal place of business in Toronto, Ontario, Canada. Orkidea operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Orkidea is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and how disputes are resolved.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [INSERT LINK TO PRIVACY POLICY]. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Nothing in these Terms limits or excludes any right you have under applicable consumer protection legislation that cannot lawfully be limited or excluded. See Section 22.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, state or territory of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

The Services are not directed to children. We do not knowingly collect personal information from children under the age of 13. If you believe a child has provided us with personal information, please contact us at riqueza.cultura@gmail.com and we will delete it.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person. Please notify us immediately at riqueza.cultura@gmail.com if you believe your account has been compromised.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colours and product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to what is depicted or rendered in our online store.

Many of our products are handmade, hand-finished, or made from natural materials. Minor variations in colour, texture, weave, grain, size and finish are inherent characteristics of these products and are not defects.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 — ORDERS AND ORDER ACCEPTANCE

When you place an order, you are making an offer to purchase. Orkidea reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or change requests after an order has been accepted, though we will make reasonable efforts to do so if the order has not yet shipped. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

We may use fraud-screening and address-verification tools, and we may request additional verification before accepting an order. We may cancel or refuse orders that we reasonably believe to be fraudulent, placed by automated means, placed in bad faith, or that appear to be for unauthorized resale.

Your purchases are subject to return, exchange or cancellation solely in accordance with our Refund Policy [INSERT LINK TO REFUND POLICY], which forms part of these Terms.

Wholesale and resale. Products purchased through our online store are intended for personal or household use. If you wish to purchase for resale, wholesale, or distribution, you must first obtain our written approval and enter into a separate wholesale agreement with us. Purchases made through the online store do not grant you any right to resell our products, to use our trademarks, or to hold yourself out as an authorized retailer, distributor or affiliate of Orkidea.

SECTION 4 — PRICES, CURRENCY, TAXES AND BILLING

Currency. Unless expressly stated otherwise at checkout, all prices are listed and charged in [INSERT CURRENCY — e.g., Canadian dollars (CAD)]. If your payment method is denominated in another currency, your bank or card issuer sets the exchange rate and may charge foreign transaction or conversion fees. Those fees are your responsibility and are not refundable by us.

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, duties or import charges.

Taxes. We collect GST/HST and any applicable provincial sales taxes on orders shipped within Canada, and applicable state and local sales taxes on orders shipped to jurisdictions in the United States where we are required to collect them. Applicable taxes are calculated and displayed at checkout.

Prices posted in our online store may differ from prices offered in physical stores or in stores operated by third parties. We may from time to time offer promotions that affect pricing and that are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern for that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account information, including your email address, payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method for the purchase; (iii) charges incurred by you will be honoured by your payment provider; and (iv) you will pay the charges you incur at the posted prices, including shipping and handling charges and all applicable taxes.

Payment disputes. If you believe you have been charged in error, please contact us at riqueza.cultura@gmail.com before initiating a chargeback so that we can resolve the issue directly. We reserve the right to dispute chargebacks that we believe to be improper, to recover amounts owed to us, and to suspend or close accounts associated with repeated or fraudulent chargebacks.

SECTION 5 — SHIPPING, DELIVERY, DUTIES AND IMPORT CHARGES

All delivery times shown are estimates only and are not guaranteed. We are not liable for shipping or delivery delays, including delays caused by shipping carriers, customs processing, weather, or other events outside our reasonable control. Once we transfer products to the carrier, title and risk of loss pass to you, except where applicable law provides otherwise.

You are responsible for providing a complete and accurate shipping address. We are not responsible for orders delivered to an incorrect address supplied by you. Orders returned to us as undeliverable, refused, or unclaimed are handled in accordance with our Refund Policy [INSERT LINK TO REFUND POLICY].

Cross-border orders. For orders shipped outside Canada, including to the United States, you are the importer of record. You are responsible for all customs duties, import taxes, brokerage fees and other charges assessed by the destination country, and for ensuring that the products you order may be lawfully imported into that country. These charges are not included in our prices and are not collected by us unless expressly stated at checkout. If a shipment is refused or abandoned because you decline to pay these charges, any refund will be handled under our Refund Policy and will exclude shipping costs and any charges we incur.

SECTION 6 — RETURNS, REFUNDS AND CANCELLATIONS

Returns, refunds, exchanges and cancellations are governed by our Refund Policy [INSERT LINK TO REFUND POLICY], which is incorporated into and forms part of these Terms. Please read it before ordering. In the event of a conflict between these Terms and the Refund Policy with respect to returns and refunds, the Refund Policy governs.

SECTION 7 — GIFT CARDS

Gift cards issued by Orkidea are redeemable only for merchandise on our online store. Gift cards have no expiry date and are not subject to dormancy, maintenance, inactivity or similar fees.

Gift cards are not redeemable for cash and cannot be returned, refunded, exchanged or reloaded, except where applicable law requires otherwise. Gift cards cannot be applied to the purchase of other gift cards.

Treat your gift card like cash. We are not responsible for gift cards that are lost, stolen, destroyed, or used without your permission, and we cannot replace them unless required by law. If an order paid for with a gift card is refunded, the refund will be issued as store credit or a replacement gift card for the amount originally paid by gift card.

Any promotional or bonus credit issued at no charge may carry an expiry date and additional conditions, which will be disclosed at the time it is issued.

SECTION 8 — ELECTRONIC COMMUNICATIONS, EMAIL AND SMS

Consent to electronic communications. You agree that we may communicate with you electronically, including by email and text message, regarding your account, orders, shipping, and support. Transactional messages of this kind are part of the Services and are not marketing messages.

Marketing email. If you opt in to receive marketing email, you consent to receive commercial electronic messages from Orkidea in accordance with Canada's Anti-Spam Legislation (CASL) and other applicable law. Every marketing email includes our identity and contact information and a clear unsubscribe mechanism. You may withdraw your consent at any time by using the unsubscribe link in any marketing email or by emailing riqueza.cultura@gmail.com, and we will give effect to your request promptly and in any event within 10 business days.

SMS and text messaging. If you opt in to receive marketing text messages, you consent to receive recurring automated marketing text messages from Orkidea at the mobile number you provide. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to any message to unsubscribe, or HELP for assistance. You represent that you are the account holder or authorized user of the mobile number you provide, and you agree to notify us if that number is reassigned to another person. Carriers are not liable for delayed or undelivered messages.

Your communication preferences and the personal information we collect are also governed by our Privacy Policy [INSERT LINK TO PRIVACY POLICY].

SECTION 9 — INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by Orkidea, its affiliates or its licensors, and are protected by Canadian, United States and foreign copyright, trademark, patent and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing here grants or may be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property of Orkidea, Shopify or any third party. Unauthorized use of the Services may violate copyright, trademark and other laws. All rights not expressly granted are reserved by Orkidea.

Orkidea's names, logos, product and service names, designs and slogans are trademarks of Orkidea or its affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 10 — COPYRIGHT COMPLAINTS AND TAKEDOWN REQUESTS

We respect the intellectual property rights of others and expect users of the Services to do the same. If you believe that content available through the Services infringes your copyright or other intellectual property rights, please send a written notice to riqueza.cultura@gmail.com with the subject line "IP Infringement Notice," including:

1. Identification of the work you claim has been infringed;
2. Identification of the material on the Services you claim is infringing, with enough detail for us to locate it;
3. Your name, address, telephone number and email address;
4. A statement that you have a good faith belief that the use is not authorized by the rights holder, its agent, or the law;
5. A statement that the information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder's behalf.

We will review complete notices and may remove or disable access to the material, and may terminate the accounts of repeat infringers.

SECTION 11 — OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control nor have any input into.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

We may in the future offer new features through the Services, including new tools and resources. Such new features are also part of the Services and are subject to these Terms of Service.

SECTION 12 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access these materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. Please review the third party's policies and practices carefully before you engage in any transaction with them. Complaints, claims, concerns or questions regarding third-party products and services should be directed to that third party.

SECTION 13 — RELATIONSHIP WITH SHOPIFY

Orkidea is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Orkidea. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Orkidea, including any injury, damage or loss resulting from purchased products and services. To the fullest extent permitted by applicable law, you release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Orkidea.

SECTION 14 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy [INSERT LINK TO PRIVACY POLICY], and certain personal information may also be subject to Shopify's Privacy Policy [INSERT LINK TO SHOPIFY PRIVACY POLICY]. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy for more detail on how we, Shopify and our partners use your personal information.

SECTION 15 — FEEDBACK, REVIEWS AND USER CONTENT

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, photographs, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use this licence to operate, provide, evaluate, enhance, improve and promote the Services.

You represent and warrant that: (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation, free product, discount or other incentive you received in connection with submitting it; and (iii) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, to pay compensation for it, or to respond to it.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms. We do not remove reviews solely because they are negative.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other proprietary rights, and will not contain unlawful, abusive or obscene content, or any virus or malware. You may not use a false email address, impersonate any person, or otherwise mislead us or others as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for Feedback posted by you or any third party.

SECTION 16 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order. If we cancel an order for this reason after you have paid, we will refund you in full.

SECTION 17 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, territorial, state or local law, rule, regulation or ordinance; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that we determine may harm Orkidea, Shopify or users of the Services, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraper, data gathering or extraction tool, automated device or process, or AI tool (including agentic AI) to access the Services except as permitted in Section 18; or (f) interfere with, bypass or circumvent the security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.

We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 18 — AGENTS

18.1 This section (the "Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any of the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of a person or using a person's device without direct supervision.

18.2 No Agent may access, use or interact with the Services unless it identifies itself and operates at all times in strict accordance with Section 18.4. In addition, no Agent may access, use or interact with the Services if we have requested that it refrain from doing so.

18.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

18.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use or interaction is from an Agent, including by mimicking human behaviour and interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to distinguish computers from humans; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 19 — TERMINATION

We may terminate this agreement or your access to the Services, or any part of them, in our sole discretion at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination. Termination does not affect any order we have already accepted, or your rights under our Refund Policy in respect of that order.

The following sections continue to apply after any termination: Intellectual Property; Copyright Complaints and Takedown Requests; Feedback, Reviews and User Content; Termination; Disclaimer of Warranties; Limitation of Liability; Your Consumer Rights; Indemnification; Notices; Severability; Waiver and Entire Agreement; Assignment; Governing Law and Disputes; Language; Privacy Policy; and any other provision that by its nature should survive termination.

SECTION 20 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY ORKIDEA, AND SUBJECT TO SECTION 22, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, INCLUDING IN CONSUMER TRANSACTIONS IN ONTARIO, QUEBEC AND OTHER CANADIAN PROVINCES AND IN CERTAIN U.S. STATES. IN THOSE JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW AND DO NOT AFFECT YOUR STATUTORY RIGHTS.

SECTION 21 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 22, IN NO CASE SHALL ORKIDEA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 22, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO ORKIDEA FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 22 — YOUR CONSUMER RIGHTS

Nothing in these Terms of Service operates to exclude, restrict or modify any right, condition, warranty, guarantee or remedy that you have under applicable consumer protection legislation and that cannot lawfully be excluded, restricted or modified. This includes, where applicable, your rights under the Ontario Consumer Protection Act, 2002, the Quebec Consumer Protection Act, the Competition Act (Canada), and comparable legislation in your province, territory or state of residence.

If any provision of these Terms conflicts with a non-waivable statutory right you have as a consumer, the statutory right prevails to the extent of the conflict, and the remainder of these Terms continues to apply.

These Terms do not require you to submit any dispute to arbitration and do not waive your right to participate in a class proceeding.

SECTION 23 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Orkidea, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party and arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

This section does not apply to the extent that the loss or claim arises from our own negligence or wilful misconduct, and does not apply to consumers to the extent prohibited by applicable consumer protection law.

SECTION 24 — FORCE MAJEURE

We are not liable for any failure or delay in performing our obligations under these Terms where that failure or delay results from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, extreme weather, epidemic or pandemic, war, terrorism, civil unrest, labour disputes or strikes, shortages or failures of supply, carrier or logistics disruptions, customs or border delays, government action or restriction, power or telecommunications failure, cyberattack, or failure of third-party platforms or service providers, including Shopify. If such an event prevents us from fulfilling an accepted order, we will notify you and issue a full refund for the affected items.

SECTION 25 — NOTICES

Notices to you. We may provide notices to you by email to the address associated with your account or order, by posting to the Services, or by any other reasonable means. Notices sent by email are deemed received on the day sent, unless we receive a delivery failure notification.

Notices to us. Legal notices to Orkidea must be sent in writing to riqueza.cultura@gmail.com and, if the notice commences or relates to legal proceedings, also by mail to 22-85 E Liberty St, Toronto, ON M6K 3R4, Canada. Notices are deemed received on the date of actual receipt.

It is your responsibility to keep your contact information current so that you receive notices from us.

SECTION 26 — SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination does not affect the validity and enforceability of the remaining provisions.

SECTION 27 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules we post in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of these Terms of Service. This does not limit your rights in respect of any fraudulent misrepresentation.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 28 — ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt is null and void. We may transfer, assign or delegate these Terms and our rights and obligations, including in connection with a merger, acquisition or sale of assets, without your consent, provided that your rights under these Terms are not materially diminished.

SECTION 29 — GOVERNING LAW AND DISPUTES

These Terms of Service, and any separate agreement under which we provide you the Services, are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in that province, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and Orkidea agree that the courts of the Province of Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each of us submits to the venue and personal jurisdiction of those courts.

Consumers: if you are a consumer, nothing in this section deprives you of the protection of the mandatory laws of your place of residence, or of any right you may have under applicable law to bring proceedings in the courts of your own province, territory or state. Consumers resident in Quebec retain all rights conferred by the Quebec Consumer Protection Act, including with respect to the applicable forum and governing law.

We do not require arbitration, and we do not ask you to waive your right to participate in a class proceeding.

SECTION 30 — LANGUAGE

The parties confirm that it is their express wish that these Terms of Service, and all related documents, be drawn up in English. Les parties confirment leur volonté expresse que les présentes conditions d'utilisation, ainsi que tous les documents s'y rattachant, soient rédigées en anglais.

If you are a consumer resident in Quebec, a French-language version of these Terms of Service is available on request at riqueza.cultura@gmail.com and, where required by law, will be provided to you before you are bound by them. Si vous êtes un consommateur résidant au Québec, une version française des présentes conditions est disponible sur demande à riqueza.cultura@gmail.com.

SECTION 31 — HEADINGS

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 32 — CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page. The "Last updated" date at the top indicates when they were last revised.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates to our website. We will notify you of any material changes in accordance with applicable law, and those changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of changes constitutes acceptance of them. Changes will not apply retroactively to orders we accepted before the effective date of the change.

SECTION 33 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at riqueza.cultura@gmail.com.

Orkidea
22-85 E Liberty St, Toronto, ON M6K 3R4, Canada
riqueza.cultura@gmail.com
+1-647-906-8085