Terms of service

OVERVIEW

Welcome to the Samya Spa online shop.

These Terms of Service apply to your access to and use of the Samya Spa website, online shop, products, content, features, tools, and related services available through our website.

The terms “we,” “us,” and “our” refer to Samya Ayurveda Inc., operating as Samya Spa. Samya Spa operates this website and online shop. Our online shop is powered by Shopify, which enables us to provide online shopping and checkout services.

By visiting, browsing, using, or purchasing from our website or online shop, you agree to be bound by these Terms of Service, our Privacy Policy, our Refund Policy, and any other policies referenced in these Terms.

Refund Policy:
https://samyaspa.myshopify.com/policies/refund-policy

Booking, Etiquette & Sanitation Policy:
https://samyaspa.com/booking-etiquette-and-sanitation/

If you do not agree to these Terms, you should not access, use, or purchase from our website or online shop.

SECTION 1 — ACCESS AND ACCOUNT

By using our website or online shop, you represent that you are at least the age of majority in your province, state, or territory of residence, or that you are using the website with the involvement and consent of a parent or legal guardian.

To use certain features of our online shop, including placing an order, you may be asked to provide information such as your name, email address, phone number, billing address, shipping address, and payment information. You agree that all information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality and security of any account credentials used on our website and for all activity under your account.

You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to describe and display our products accurately. However, product colours, textures, packaging, ingredients, appearance, and other details may vary from how they appear on your screen due to device settings, lighting, photography, supplier changes, or other factors.

We do not guarantee that the appearance, scent, texture, colour, size, quality, or suitability of any product will meet your personal expectations, except where required by law.

Product descriptions, availability, pricing, and packaging may change at any time without notice. We reserve the right to discontinue, modify, limit, or refuse the sale of any product at our discretion.

We may limit the quantities of products sold to any person, household, geographic region, or jurisdiction.

SECTION 3 — HEALTH AND WELLNESS INFORMATION

Information provided on our website, product pages, blog posts, emails, packaging, labels, social media, or other materials is for general educational, beauty, lifestyle, and wellness purposes only.

This information is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease, disorder, injury, or medical condition.

You should consult a qualified healthcare provider before using any wellness, herbal, skincare, body care, oil, aromatherapy, or self-care product if you are pregnant, nursing, taking medication, have allergies, have sensitive skin, have a medical condition, or have any concerns about whether a product is suitable for you.

Individual results may vary. You are responsible for reviewing product ingredients and determining whether a product is appropriate for your own use.

SECTION 4 — ORDERS

When you place an order through our online shop, you are making an offer to purchase the selected products. We reserve the right to accept, decline, cancel, or limit any order for any reason, including suspected fraud, pricing errors, inventory issues, shipping limitations, payment issues, or concerns regarding misuse or resale.

Your order is not accepted until we confirm acceptance and process payment. We may contact you using the email address, billing address, shipping address, or phone number provided at the time of order if there is an issue with your order.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or change requests after an order has been accepted or processed.

Products purchased from our online shop are intended for personal or household use only and not for commercial resale or export.

SECTION 5 — RETURNS, REFUNDS, AND EXCHANGES

Your purchases are subject to return, exchange, replacement, or refund solely in accordance with our Refund Policy.

Refund Policy:
https://samyaspa.myshopify.com/policies/refund-policy

For hygiene, safety, and product integrity reasons, certain items may be final sale, including but not limited to opened or used products, personal care products, beauty products, skincare products, body care products, oils, herbal products, wellness products, sale items, gift cards, custom orders, and special orders.

We do not accept returns or exchanges for change of mind, personal preference, scent, texture, opened packaging, used products, or products that are no longer wanted after purchase.

If an item arrives damaged, defective, or incorrect, you must contact us promptly at info@samyaspa.com so we can review the issue and determine an appropriate resolution.

Items must not be sent back without prior authorization. Returns sent without approval may not be accepted.

SECTION 6 — PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product will be the price in effect at the time your order is placed, unless there is an error or omission. Posted prices may not include applicable taxes, shipping, handling, customs, duties, or import charges unless expressly stated.

Prices listed online may differ from prices offered in our physical location, through third-party platforms, or through special promotions.

You agree to provide current, complete, and accurate purchase, billing, shipping, payment, and account information for all purchases. You agree to promptly update your information so we can complete transactions and contact you if needed.

You represent and warrant that you are authorized to use the payment method provided and that you will pay all charges incurred, including applicable taxes, shipping, and handling fees.

SECTION 7 — SHIPPING AND DELIVERY

Shipping and delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, weather, labour disruptions, incorrect addresses provided by customers, missed delivery attempts, or events outside our reasonable control.

You are responsible for providing a complete and accurate shipping address. We are not responsible for orders delayed, lost, returned, or delivered incorrectly due to inaccurate or incomplete information provided by you.

If your order is lost or damaged in transit, please contact us at info@samyaspa.com so we can assist with a carrier claim or determine an appropriate resolution.

SECTION 8 — SPA SERVICES, BOOKINGS, AND APPOINTMENTS

These Terms primarily apply to use of our website and online shop.

Spa appointments, treatments, group bookings, deposits, cancellations, late arrivals, sanitation requirements, and related service policies may be governed by separate booking and service policies.

Booking, Etiquette & Sanitation Policy:
https://samyaspa.com/booking-etiquette-and-sanitation/

If there is a conflict between these Terms and a specific appointment, booking, cancellation, or spa service policy, the more specific policy will apply to the relevant appointment or service.

SECTION 9 — GIFT CARDS AND PROMOTIONS

Gift cards, promotional offers, discounts, coupons, and special offers may be subject to additional terms, limitations, expiry dates, exclusions, or conditions.

Gift cards are non-refundable except where required by law. Lost, stolen, or unauthorized gift cards may not be replaced.

We reserve the right to modify, suspend, cancel, refuse, or limit any promotion, discount, offer, coupon, or gift card use at our discretion, subject to applicable law.

SECTION 10 — INTELLECTUAL PROPERTY

Our website, online shop, content, trademarks, trade names, logos, product names, service names, images, graphics, photographs, videos, text, design, layout, and other materials are owned by Samya Spa, Samya Ayurveda Inc., its affiliates, licensors, suppliers, or content providers and are protected by applicable intellectual property laws.

You may use our website and online shop for your personal, non-commercial use only.

You may not copy, reproduce, distribute, modify, display, publish, download, store, transmit, scrape, extract, reverse engineer, or create derivative works from any part of our website, online shop, content, products, or materials without our prior written consent.

Nothing in these Terms grants you any right, title, or interest in our intellectual property or the intellectual property of Shopify or any third party.

SECTION 11 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, features, payment processors, shipping services, applications, integrations, or other services offered by third parties.

We do not control and are not responsible for third-party tools or services. These tools and services are provided “as is” and “as available” without warranties, representations, or conditions of any kind from us.

Your use of third-party tools or services is at your own risk and may be subject to separate terms and policies provided by those third parties.

SECTION 12 — THIRD-PARTY LINKS

Our website may contain links to third-party websites, platforms, tools, products, services, or content.

We are not responsible for examining or evaluating the content, accuracy, policies, security, availability, or practices of third-party websites or services.

If you choose to access third-party websites or services, you do so at your own risk. Complaints, claims, concerns, or questions about third-party products or services should be directed to the applicable third party.

SECTION 13 — RELATIONSHIP WITH SHOPIFY

Our online shop is powered by Shopify.

Shopify enables us to provide online shopping, checkout, and related services. However, any sales and purchases made through our online shop are made directly between you and Samya Spa.

By using our online shop, you acknowledge that Shopify is not responsible for any aspect of sales between you and Samya Spa, including any injury, damage, loss, return, refund, product issue, or dispute arising from products or services purchased from us.

You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Samya Spa.

Shopify Privacy Policy:
https://www.shopify.com/ca/legal/privacy

SECTION 14 — PRIVACY

Our collection, use, disclosure, retention, and protection of personal information is governed by our Privacy Policy.

Because our online shop is powered by Shopify, certain personal information may also be collected, processed, stored, or transmitted by Shopify and its service providers in order to provide online shopping, checkout, payment, analytics, security, fraud prevention, and related services.

Shopify Privacy Policy:
https://www.shopify.com/ca/legal/privacy

By using our website or online shop, you acknowledge that you have read and understood our Privacy Policy and Shopify’s Privacy Policy.

SECTION 15 — FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit, upload, post, email, tag, or otherwise provide reviews, comments, testimonials, suggestions, ideas, photographs, videos, feedback, proposals, or other content to us, you grant us a worldwide, royalty-free, sublicensable, transferable, perpetual license to use, reproduce, publish, display, modify, adapt, distribute, and promote that content in any medium for any lawful business purpose.

You represent and warrant that you own or have the necessary rights to the content you submit, that your content is accurate, and that your content does not violate any law or the rights of any third party.

You agree that your submissions will not contain unlawful, abusive, defamatory, misleading, obscene, offensive, infringing, or harmful material, including viruses, malware, or other harmful code.

We may, but are not obligated to, monitor, edit, remove, or refuse any submitted content at our discretion.

SECTION 16 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website or online shop may contain typographical errors, inaccuracies, or omissions relating to product descriptions, ingredients, pricing, promotions, offers, shipping charges, transit times, availability, images, or other content.

We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted.

We reserve the right to change or update information, refuse orders, or cancel orders if any information is inaccurate, incomplete, or outdated.

SECTION 17 — PROHIBITED USES

You may use our website and online shop only for lawful purposes.

You agree not to use our website, online shop, products, content, or services:

a. for any unlawful, fraudulent, abusive, harmful, or malicious purpose;
b. to violate any federal, provincial, state, territorial, municipal, or international law;
c. to infringe or violate our intellectual property rights or the rights of others;
d. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person;
e. to submit false, misleading, inaccurate, or deceptive information;
f. to upload, transmit, or distribute viruses, malware, harmful code, or other destructive technology;
g. to send spam, phishing, unsolicited advertising, chain letters, or similar communications;
h. to impersonate another person or entity;
i. to interfere with the security, functionality, operation, or integrity of the website or online shop;
j. to scrape, extract, harvest, collect, or track personal information or website content without authorization;
k. to bypass, disable, or circumvent security features, access restrictions, robot exclusion headers, CAPTCHAs, or other protective measures;
l. to use automated tools, bots, spiders, crawlers, scrapers, data extraction tools, or agentic AI systems in a way that violates these Terms or our instructions.

We reserve the right to suspend, restrict, disable, or terminate access to our website, online shop, or services if we determine that these Terms have been violated.

SECTION 18 — AUTOMATED TOOLS AND AGENTS

This section applies if you use, allow, enable, or cause the deployment of any automated software, bot, crawler, scraper, agent, AI agent, or other automated or semi-automated tool to access, use, browse, purchase from, or interact with our website or online shop.

No automated tool or agent may access or interact with our website unless it identifies itself accurately and complies with our instructions, technical restrictions, robots.txt file, security measures, and applicable law.

Automated tools and agents must not conceal their identity, mimic human behaviour to avoid detection, bypass CAPTCHAs, evade access restrictions, overload our website, interfere with normal operations, or collect data without authorization.

We may block, restrict, throttle, or otherwise limit automated access at any time.

SECTION 19 — TERMINATION

We may terminate, suspend, or restrict your access to our website, online shop, account, or services at any time and without notice if we determine that you have violated these Terms or engaged in conduct that may harm Samya Spa, Shopify, our customers, our website, or any third party.

You remain responsible for all amounts due up to and including the date of termination.

Sections that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, feedback, privacy, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

SECTION 20 — DISCLAIMER OF WARRANTIES

Our website, online shop, content, products, and services are provided on an “as is” and “as available” basis, except as expressly stated by us or required by applicable law.

We do not guarantee that our website, online shop, products, services, content, or communications will be uninterrupted, timely, secure, error-free, accurate, complete, or suitable for your particular purpose.

To the fullest extent permitted by law, we disclaim all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Some jurisdictions do not allow limitations on implied warranties or statutory consumer rights. In those cases, some of the above limitations may not apply to you.

SECTION 21 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Samya Spa, Samya Ayurveda Inc., our directors, officers, employees, contractors, service providers, suppliers, affiliates, agents, licensors, and Shopify and its affiliates shall not be liable for any indirect, incidental, punitive, special, exemplary, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption, personal dissatisfaction, or similar damages arising from or related to your use of our website, online shop, products, services, or content.

Nothing in these Terms limits liability where it would be unlawful to do so.

SECTION 22 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Samya Spa, Samya Ayurveda Inc., Shopify, and our affiliates, directors, officers, employees, contractors, agents, licensors, suppliers, and service providers from any losses, damages, liabilities, claims, demands, expenses, and reasonable legal fees arising out of or related to:

a. your breach of these Terms or any policy incorporated by reference;
b. your violation of any law or the rights of a third party;
c. your misuse of our website, online shop, products, content, or services;
d. any content, feedback, review, or submission you provide.

We may control the defence and settlement of any claim subject to indemnification. You agree to cooperate with us in the defence of such claims.

SECTION 23 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

SECTION 24 — WAIVER AND ENTIRE AGREEMENT

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

These Terms, together with any policies or operating rules posted on our website or referenced herein, constitute the entire agreement between you and us regarding your use of our website and online shop.

These Terms supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us regarding the website or online shop.

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

SECTION 25 — ASSIGNMENT

You may not assign, transfer, or delegate these Terms or any of your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice, including in connection with a business transfer, merger, restructuring, sale, or change of ownership.

SECTION 26 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide products or services to you shall be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada.

You agree that any disputes shall be resolved in the courts or tribunals of British Columbia, Canada, unless applicable law requires otherwise.

SECTION 27 — CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of our website or online shop after changes are posted constitutes acceptance of those changes.

SECTION 28 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Samya Spa
1016 Broad Street
Victoria, BC V8W 1Z9
Canada

Email: info@samyaspa.com
Phone: 250-382-3253

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