Welcome to ORAKI

Please read the following terms and conditions of use before purchasing our products, using our services or our site. Access to and use of our services and products binds you to these terms and conditions. These terms and conditions apply to all users of our site including, but not limited to, users who are browsers, sellers, merchants or clients. The services and products are accessible only to users who can legally enter into contracts, as stipulated in the applicable legislation. Changes to these provisions are at our sole discretion, without prior notice under the applicable laws. Any new service or product will therefore be subject to these provisions. Our online commerce platform is hosted by Shopify Inc.

1. SERVICES AND USE OF OUR PLATFORMS

ORAKI is an online boutique that makes available for purchase products including, but not limited to, clothing for women and men via the Shopify online commerce platform. Our clothing is manufactured in Quebec, Canada. To manufacture our fabric, we work with manufacturers in Canada and elsewhere in the world that have the equipment necessary to meet our needs. We prioritize manufacturing plants that have certifications such as Oeko-Tex, Bluesign and ISO. All fabrics are then transferred to our facilities in Quebec where we then make the clothing.
Services are offered only for personal use or for consulting the information and content available. You have the option of using our online boutique as a guest or as a member. To be a member, you must create a member account on the site. When registering as a member, you will have to provide information such as your first and last names, mailing address, email address and date of birth. The information provided must be complete, current and accurate. You must also choose a unique and secure password. Only members can register for our loyalty program via the Brigade ORAKI. You will also have access to your order history. See section 6 for details on the loyalty program. To use the site and services for commercial purposes, please write to orders@oraki.ca.
ORAKI cannot be held liable for any loss or damage suffered, of any nature whatsoever, following the use of your password or member account by another person, with or without your consent. We cannot guarantee that unauthorized third parties will never have access to this information or make inappropriate use thereof. You therefore hereby acknowledge that by creating your member account, you provide this information at your risk. You are therefore solely responsible for keeping your passwords and information related to your member account confidential. To make changes to your personal information, please contact our customer service at orders@oraki.ca. Note that ORAKI communicates with its clientele solely by email or via social media. No telephone communication or text message will originate from ORAKI.

2. INTELLECTUAL PROPERTY

Any symbol, logo, slogan, products or service offered by ORAKI to distinguish the company falls under the trademark. Using the trademark for the purposes of reproduction or imitation in whole or in part, without the prior written authorization by ORAKI is forbidden.
All the original, reproduced or published creations on our website and social media are protected by copyright. All the rights related to our products are reserved to the person holding the copyright. Any act that, under applicable laws, only the copyright holder has the right to perform is considered a copyright infringement and applies to everyone.
ORAKI is free to use, disclose, publish, benefit from, not consider or to exploit any comment, suggestion or idea intended to improve or modify its ORAKI services and products, without compensation or acknowledgement of the user providing said feedback.

USER CONTENT

You remain the owner of any text, photo, information, image or any other material that you upload on our services, whether by email or on the site.
By submitting content as defined in section 3.1, you grant ORAKI a global, non-exclusive, perpetual, irrevocable, royalty-free, fully paid and transferable licence to do anything that only the copyright owner would fully have the capacity to do in order to improve products and services for commercial or non-commercial purposes under the applicable laws.
By using our services, you hereby agree and accept that you are solely responsible for any content (as described in section 3.1) that you upload on the site or that you send us by email. You, moreover, accept and agree not to upload content considered unacceptable, including, but not limited to, any abusive, discriminatory, illegal, homophobic, racist, xenophobic, transphobic, sexist, malicious, obscene or vulgar content or content that discloses the personal or confidential information of others at the sole discretion of ORAKI.
On the site, you can use or consult content uploaded by other users. ORAKI denies any liability related to access to content of other users that you consider objectionable. However, as applicable, ORAKI invites you to submit a complaint to us if you witness content considered objectionable under the provisions of section 3 herein at orders@oraki.ca.

4. ELECTRONIC COMMUNICATION AND SOCIAL MEDIA

When you provide your email address to ORAKI through our services, you agree that ORAKI will keep a copy in its databases for the purposes of, but not exclusively, communicating with you regarding your purchases, an investigation or order checking or concerning services; to share news or information on the company, products or anything related thereto through the newsletter if you are subscribed; for reasons concerning user security; to learn your opinions on products and services; or for this email address to be transmitted to our partners at shipping and transportation services for tracking or claiming orders. Moreover, you agree to interact respectfully at all times with all employees, including those in customer service, but not limited thereto.

5. LOYALTY PROGRAM

The loyalty program platform is hosted by Smile.io.
Enrolment in our loyalty program is free and allows you to earn Ecopoints and to redeem them for exclusive rewards. Enrolment in the loyalty program requires creating a member account as described in section 1.2. Enrolment in the loyalty program is through our Brigade ORAKI service on the site. A single client can create several member accounts with different email addresses, earn Ecopoints in these accounts and redeem them for exclusive rewards. See section 6.5 for the limitations.
By logging in to your member account via the Brigade ORAKI, you can view information on how to redeem and earn Ecopoints, your Ecopoints balance, the discount coupons available based on your balance, add your birthday (at least 30 days before your birthday to benefit from the reward) and redeem your Ecopoints for exclusive rewards.
You can earn Ecopoints in a variety of ways, including, but not limited to, when you enrol, when you follow our Instagram account, when you click “Like” on our Facebook page, on your birthday and when you place an order. You earn one Ecopoint for every dollar spent. The allocation of the number of Ecopoints per action, as well as the actions that earn Ecopoints are subject to change, addition or removal without notice, at the discretion of ORAKI. Ecopoints are valid for the current year.
When you want to use your Ecopoints to access rewards, you must first log in to your account via the Brigade ORAKI. On the main page, you can see all the rewards available in the form of discount coupons based on your Ecopoints balance. To redeem your Ecopoints for rewards, click on “Redeem”. A discount code will be issued. You can copy it, see it later or apply it automatically on your next order. To use it later, simply enter the discount code received when you redeemed your Ecopoints in the Gift Card and Promo Code section at checkout.
Given that you are solely responsible for your member account, as established in section 1.3, the loss of Ecopoints is at no time the fault of ORAKI except for, but not limited to, technical or computer problems acknowledged by ORAKI. As applicable, balance adjustments are at the sole discretion of ORAKI. Moreover, you are responsible for updating your personal information such as your birthday within the timeframe stipulated in section 6.2 for using Ecopoints.
Ecopoints adjustments are possible only for refunds except for Ecopoints redeemed for free shipping. If you believe there is an error in your Ecopoints balance, contact our customer service at orders@oraki.ca.
Some services related to the loyalty program are not offered, particularly, but not limited to, transferring Ecopoints between member accounts, even if they belong to the same person. Situations such as a hacked email address can result in an exception to this condition, but this is at the sole judgment and discretion of ORAKI. Once orders are finalized, reductions under the loyalty program cannot be added. Reductions can be activated at the time of purchase only.

6. PRODUCTS AND SERVICES

We do what is in our power to provide the fairest and most accurate information possible on the site. However, we cannot guarantee that it is error-free at all times. ORAKI may, at its discretion, decline or cancel an order with an item bearing an incorrect description or price. The products offered, sales, prices, availability, characteristics and technical specifications of our products and services are subject to review or modification without prior notice.
Products and services are available in limited quantity. They are therefore subject to the conditions stipulated in sections 7 and 8. We do not guarantee that the colours on your screen and the actual colour of our products will match. ORAKI reserves the right to limit or interrupt sales service to all people, geographic regions or jurisdictions. ORAKI reserves the right to limit or interrupt the sale and production of any product at any time. Moreover, ORAKI reserves the right to limit or cancel the quantities purchased per order, per person or per household, including those placed by or under the same member account, the same credit card or orders using the same shipping or billing address.

7. ORDER

Please note that we do not respond to emails concerning package tracking within the seven (7) business days following your purchase. Once this time has passed, please do not hesitate to contact us at orders@oraki.ca. Please include your order number.
Order modifications are impossible at all times, without exception, for logistical and accessibility reasons. Orders can be cancelled only if their processing is not yet underway. Given the warehouse team’s efficiency, cancellation is impossible 95% of the time. Addresses can be changed after an order is placed only if the processing of the order is not yet underway. ORAKI reserves the right to refuse order cancellations and address changes after an order is placed at all times. To request a cancellation, contact us at orders@oraki.ca with the subject “ORDER CANCELLATION”.
As soon as your order is received, we send you an email confirming the transaction. Delivery fees are $7 plus tax for all orders under $150. Delivery is free for orders of $150 and more. A portion of delivery fees is assumed by ORAKI before your $7 payment. Our partner carriers are Canada Post, Purolator and FedEx. Various criteria are used to determine which carrier will deliver an order, including, but not limited to, package weight, the time the order is placed and the geographic area and may differ for a single mailing address. The carrier selected is subject to change without prior notice. Canada Post is the only carrier with access to post-office boxes. ORAKI denies any liability with regard to lost or stolen packages or any other problem related to shipping and delivery of your package, but commits to make every effort in its power and to the best of its abilities to track down, follow up on or inquire about any such package or compensate any person who has been the victim of such a situation. This commitment and ORAKI’s ability to intervene are relative for each situation and the appropriate response to these situations is determined by the judgment of customer service employees. Orders cannot be combined. Standard delivery times for an order within Canada are one (1) to fourteen (14) business days after processing in our warehouse. For international orders, delivery times can be as long as three weeks, depending on your geographic location and other factors. Customs and delivery fees must be assumed by the buyer. Delivery times may differ for a single mailing address. Order tracking numbers are activated when the carrier is in possession of your package. Normal activation times are less than seven (7) days.
Any unworn and unwashed garments, with tags and protective hygiene stickers still attached will be accepted for a refund, unless otherwise assessed by customer service employees, if the request is made within 14 days of receipt of the order. Note that a return may be deemed non-compliant if it does not meet our hygiene standards. When trying on garments, keep your underwear on and handle the product with care. A garment that has obviously been worn, without tags, without protective hygiene stickers and/or obviously inappropriate for resale will be refused. Garment shrinking is not covered by our return terms. The returns process is on the back of the purchase order included in the bag. The process is explained in the FAQ tab on the site. To make a return request, first complete the form available at https://orakiyoga.returnscenter.com. Shipping costs are assumed by the requester and are non-refundable. You can combine return requests in a single package with the delivery slip for each order containing a garment to return. ORAKI denies any responsibility related to shipping returns. You have the option of a refund or a credit note. See section 7.6 for more details on our refund conditions. We do not accept in-person returns at our offices or our warehouse.
Due to high order volume, we have not accepted exchanges since January 11, 2022. By exchange we are referring to all situations resulting or not from an order error, concerning the replacement of an item without additional fees for reasons including, but not limited to, size, colour or personal choice. We agree to offer replacements for defective articles or if your order bears an error that is the sole fault of ORAKI. See section 8.3 for more information on manufacturing defects. We strongly encourage our clientele to adopt habits that align with our environmental mission such as repairing clothing and checking sizes on the site before placing orders to reduce the transportation involving in shipping the package. Any replacement request that does not fall under Section 8.3 (defects) will be referred to Section 7.4 (returns) of these terms and conditions for use, unless otherwise indicated by a member of ORAKI’s customer service team.
For returns, refunds will be issued to the selected payment method when the return package is received if the item is in a condition compliant with the terms of section 7.4 unless there is an agreement by email with a member of customer service or in the event of a defect, as specified in section 8.3. Without exception, the refund method cannot be changed once the returns form is completed. Gift cards are non-refundable. For all other refund situations, the refund will automatically be issued to the credit card used. If several payment methods are used (credit card and gift cards), we will first refund the maximum available on the credit card based on the amount initially paid by this method. The balance amount is then refunded on the gift card(s) used. For all types of refunds, expect a timeframe of 10 to 14 business days to process the request in full.
All orders placed as of November 11, 2022 are eligible for return until January 13, 2023. The compliance conditions in Section 7.4 as well as the refund terms and conditions in Section 7.6 apply.

8. WARRANTY

Although we do what we can to avoid stock shortages, we cannot control traffic on our site. Particularly during launch periods, synchronization between the quantities available in our inventory and the site is sometimes slower due to high user volume, which results in stock shortage issues for completed orders. Rest assured that orders are not processed by priority, but are processed in the order of receipt. We will contact you if necessary. Please note that in the event of an inventory error on the site, if we no longer have the item that you ordered, we reserve the right to refund it directly, in order to resolve the situation as quickly as possible. Please be aware that this provision also applies to replacement items. We do not reserve or set aside products.
If you believe that an error was made when placing your order, please contact orders@oraki.ca. The terms and conditions applicable for order errors are the same as for section 7.2.
Quality control is performed for each garment ORAKI offers for sale. However, due to the significant number of items to inspect, defective products are sometimes missed. ORAKI assumes the responsibility and will issue the appropriate compensation, at the discretion of customer service employees. To obtain this compensation, please contact us and send us a photo of the problem within seven days of receiving the unwashed and unworn garment presenting defects including, but not limited to, an ink stain, a ripped seam, a folded neckline, a hole, a discolouration, a printing defect, a line in the fabric, a loose stitch, an oil stain or a labelling error.
We guarantee the quality of the manufacturing and materials for all ORAKI products for thirty days. Note that problems resulting from abusive use or failure to follow care instructions are not covered in the limited warranty.

9. PAYMENT

You must provide payment method information to make purchases from the ORAKI online boutique. This information must be accurate, current and complete, failing which ORAKI or our payment partners reserve the right not to complete the purchase. At payment, you can choose express payment mode or to log in to a member account before proceeding. Express payment is hosted by different platforms: ShopPay, PayPal, Google Pay, Apple Pay. Sezzle is the platform for instalment payments. For any problem related to payment, including fraud, but not limited thereto, contact your banking institution and customer service of the platform used. If you choose to pay by logging into your member account, only payment by gift card or Visa, Mastercard, AMEX or JCB credit card is accepted. ORAKI cannot change the payment method after purchase.
You can obtain a gift card in a preset amount at https://oraki.ca/en/products/certificat-cadeau. Gift cards are processed automatically. A confirmation email containing the digital gift card code is sent within minutes of processing the order. We do not produce plastic gift cards or send them by mail. A single gift card can be used multiple times, including, but not limited to, for refunds. Gift cards cannot be used to pay shipping fees.
We cannot guarantee that unauthorized third parties will never have access to or make inappropriate use of your payment information. You hereby acknowledge that by purchasing ORAKI products from our online boutique, you provide this information with full knowledge of the facts. The information that you share with us is protected under Shopify’s data protection policy. Please see this web page for more information.

10. DISCOUNTS AND PROMOTIONAL CODES

Discounts resulting from sales apply only during the sale period. No price adjustment will be made for orders placed before the beginning or after the end of a sale, without exception. Sale items labelled “final sale” cannot be replaced and are non-refundable unless they qualify as a defect under section 8.3.
ORAKI does not issue promotional codes. Be aware that if such a code is circulating, it does not originate from ORAKI. ORAKI therefore denies any liability related to the use of a fraudulent promotional code impersonating the company’s identity. Should you select a credit note as the refund method, you will receive a discount code by email to benefit from free delivery on a future order. Discount codes are issued when Ecopoints are redeemed for rewards.

11. MEMBER ACCOUNT CANCELLATION

ORAKI reserves the right to terminate or immediately suspend access to its platforms including the member account, but not limited thereto, of any user who is not respecting the terms and conditions of use or for any reason deemed valid, without prior notice.
You can cancel your member account at any time by contacting orders@oraki.ca. Be aware that for security reasons, ORAKI does not definitively delete any member account with a purchase history.

12. APPLICABLE RIGHTS

By consuming ORAKI products or services or by using our platforms, you agree to be bound by all the terms and conditions of the page in compliance with the laws in force in the province of Quebec, without regard to the applicable rules in the event of conflicts of law. Your conduct may also be subject to other local, national or state laws.

13. LIMITED WARRANTY

Subject to applicable laws, the merchant excludes any guarantee or condition, express or implied, regarding the title, merchantability or appropriateness for a particular use of the products and services sold on the site. It also excludes any guarantee or condition, express or implied, in the content, elements, products (including software) or other services included on or through the site as well as on its servers and in electronic communications.

14. LIMITATION OF LIABILITY

The merchant will not be held liable for direct or indirect damages resulting from the use or misuse of the site or for the purchase of goods thereupon, including, but not limited to, damages for loss of profit, use of data or other intangibles, even if the merchant was warned of the possibility of such damages.

15. CONTACT US

ORAKI prioritizes improving the quality of its service. We appreciate your comments, reactions or questions. Contact us at orders@oraki.ca.