Terms of service
OVERVIEW
Welcome to De’Ka Creative Studios Boutique Botanical Apothecary, a Puerto Rico-based business offering small-batch botanical hair care, facial care, body care, cleansing products, botanical preparations and Personalized Rituals.
The terms "De’Ka," "we," "us" and "our" refer to De’Ka Creative Studios Boutique Botanical Apothecary.
We operate this online store and website, including its information, content, features, tools, products and related services (collectively, the "Services"). Our online store is powered by Shopify, which provides the e-commerce platform through which we offer our products.
These Terms of Service ("Terms"), together with the policies referenced within them, explain the conditions governing your access to and use of our Services, including purchases made through our online store.
Please read these Terms carefully before using our website or placing an order. They contain important information about your rights and responsibilities, including provisions concerning purchases, product use, shipping, returns, warranties and limitations of liability.
By accessing or using our Services, you agree to these Terms of Service. Our Privacy Policy, available at /policies/privacy-policy, explains how personal information is collected, used and disclosed in connection with our Services.
If you do not agree to these Terms, please discontinue using our Services. Nothing in these Terms limits any rights or protections that cannot legally be waived under applicable law.
SECTION 1 - ACCESS AND ACCOUNT
Eligibility and Age Requirements
By placing an order through our website, you represent that you have reached the age of majority in your place of residence or otherwise have the legal authority to enter into a binding purchase agreement.
Parents or legal guardians are responsible for purchases they authorize on behalf of minors.
Our website is not intended to collect personal information directly from children under 13 without the consent required by applicable law.
Customer Information
To place an order, create a customer account or use certain features of our Services, you may be asked to provide information such as your name, email address, billing details, shipping address and payment information.
You agree to provide accurate, complete and current information and to update it when necessary so that we can process your orders, communicate with you and provide customer assistance.
You confirm that you are authorized to provide the information submitted and to use your selected payment method.
Customer Accounts and Security
If you create a customer account, you are responsible for maintaining the confidentiality of your login credentials and taking reasonable precautions to prevent unauthorized access.
You agree to notify us promptly if you become aware of suspected unauthorized access to your account.
Customer accounts are intended for the account holder's authorized use and may not be sold or transferred to another person without our prior written consent, except where applicable law provides otherwise.
We may take reasonable security measures to protect accounts and customer information, including temporarily restricting access when suspicious or unauthorized activity is detected.
Guest Checkout
Where available, customers may purchase products without creating an account. Guest purchases remain subject to these Terms of Service and our applicable store policies.
Privacy and Personal Information
Information collected through customer accounts, checkout and other website features will be handled as described in our Privacy Policy.
Customers requesting Personalized Rituals may voluntarily provide additional product preferences and relevant ingredient-sensitivity information. We encourage customers to share only the information reasonably necessary for their request.
For privacy-related inquiries, please contact accounting@dekacreativestudios.com.
SECTION 2 - OUR PRODUCTS
De’Ka Creative Studios Boutique Botanical Apothecary offers handcrafted, small-batch botanical products, including hair care, facial care, body care, cleansing bars, botanical rubs and balms, and personalized cosmetic formulations. Our products are thoughtfully prepared in Puerto Rico with an appreciation for botanical ingredients, traditional practices and intentional self-care.
Product Appearance and Batch Variations
We make every effort to accurately describe and photograph our products. However, actual product colors and appearance may vary depending on your screen settings.
Because our products are prepared in small batches and may contain naturally derived ingredients, slight differences in color, texture, consistency and botanical aroma may occur between batches. These natural variations do not necessarily indicate a product defect or affect the product's intended cosmetic use.
Ingredients, Allergies and Sensitivities
Our products may contain botanical extracts, essential oils, nut-derived oils, oats, honey, dairy-derived ingredients and other potential allergens, depending on the formulation.
Customers should carefully review the ingredient list, directions and warnings provided with each product before use. If you have known allergies, sensitive skin or concerns about ingredient compatibility, please contact us before purchasing.
We recommend performing a patch test before using a new topical product when appropriate. Discontinue use if irritation or an adverse reaction occurs.
Product Use and Safety
All products must be used according to their individual labels and instructions. Products labeled for external use must not be ingested or applied to the eyes, mucous membranes or broken skin unless specifically indicated as suitable for those areas.
Our cosmetic and personal-care products are intended for their stated purposes and are not intended to diagnose, treat, cure or prevent medical conditions. Individual experiences and results may vary.
Product Availability and Changes
Product descriptions, formulations, packaging and availability may change as we improve our collections or respond to ingredient availability.
We reserve the right to discontinue products or limit quantities when necessary, subject to applicable law. If a material change affects an order that has already been placed, we will contact the customer as appropriate.
Personalized Rituals
Personalized Rituals are prepared by request using ingredient options and customization details reviewed with each customer. Ingredient availability, formulation compatibility, allergies and product limitations are considered before a personalized product is finalized.
Customers are encouraged to disclose known ingredient sensitivities before confirming a personalized order. Customization availability varies by product and cannot guarantee particular cosmetic results.
SECTION 3 - ORDERS
Order Placement and Confirmation
When you place an order through De’Ka Creative Studios Boutique Botanical Apothecary, you are submitting a request to purchase the products selected. All orders are subject to product availability, payment authorization and acceptance.
We reserve the right to decline or cancel orders for legitimate reasons, including unavailable inventory, payment issues, inaccurate order information or circumstances that prevent us from fulfilling an order. If we cannot fulfill an order that has already been paid for, we will notify you and issue the applicable refund.
Please verify your product selections, quantities, shipping address and contact information before completing checkout. If an order requires clarification or modification, we will attempt to contact you using the information provided at checkout.
Personalized Rituals and Custom Orders
Our Personalized Rituals are prepared by request using thoughtfully selected ingredients and customization options based on individual preferences and cosmetic care goals.
Before preparing a personalized product, we may request additional information about your preferences, known ingredient allergies, sensitivities and desired product characteristics.
Personalized orders are subject to ingredient availability, formulation compatibility and a review of the requested customization. We may decline a requested ingredient or modification if it is unavailable, incompatible with the formulation or unsuitable for the intended cosmetic use.
Once the proposed customization, price and estimated preparation time have been confirmed, your personalized order may enter production.
Because personalized products are prepared specifically for each customer, we cannot guarantee an exact match to a previous batch or a particular cosmetic result.
Order Processing and Preparation
Our products are prepared or packaged in small batches. Processing times may vary depending on current inventory, the complexity of an order and ingredient availability.
Personalized orders may require additional preparation time. When applicable, an estimated preparation period will be communicated before the order is finalized.
Processing time is separate from shipping transit time. Shipping methods, applicable charges and available delivery estimates are provided at checkout and further explained in our Shipping Policy.
Order Changes and Cancellations
Customers may submit an automatic cancellation request within the cancellation window displayed by Shopify, when available.
If that window has expired but your order has not yet been prepared or shipped, please contact us as soon as possible. We will review your request and advise whether cancellation or modification is still possible.
For Personalized Rituals, changes or cancellations may no longer be possible once preparation has begun.
If we approve the cancellation of a paid order, any applicable refund will be processed to the original payment method, subject to applicable law.
Returns and Exchanges
Eligible standard products may qualify for a voluntary return when requested within seven (7) calendar days of delivery, provided they meet the conditions in our Return & Refund Policy.
Opened or used personal-care products and personalized formulations are generally ineligible for change-of-mind returns due to hygiene, safety and product-integrity considerations.
Nothing in these Terms limits any rights or remedies customers may have for defective, damaged, incorrect or otherwise nonconforming products under applicable law.
Please refer to our Return & Refund Policy for the complete eligibility requirements, return instructions and refund procedures.
SECTION 4 - PRICES AND BILLING
Product Prices and Currency
All prices displayed on the De’Ka Creative Studios Boutique Botanical Apothecary website are listed in United States dollars (USD), unless otherwise indicated.
Product prices may vary depending on product size, formulation, ingredient availability and customization options. We reserve the right to update our prices, discontinue products or modify promotional offers without prior notice.
The price charged for an accepted order will be the price confirmed at checkout, subject to any necessary corrections or changes agreed upon with the customer.
Taxes and Additional Charges
Applicable taxes, shipping charges and other required fees, if any, will be displayed or calculated during checkout in accordance with the customer's order and delivery destination.
International orders may be subject to customs duties, import taxes or additional clearance fees imposed by the destination country. Unless otherwise stated, these charges are the customer's responsibility.
Personalized Rituals and Custom Pricing
Prices for Personalized Rituals may vary based on the requested formulation, selected ingredients, product size, packaging and available customization options.
When additional charges apply to a personalized request, the customer will be informed of the final price before confirming the custom order.
Any changes requested after an order is confirmed may require an updated quotation and are subject to ingredient availability and whether preparation has already begun.
Payments and Billing Information
Payments are processed through the secure payment methods available at checkout.
Customers agree to provide accurate, complete and current billing, payment and contact information. By submitting an order, customers confirm that they are authorized to use the selected payment method.
We reserve the right to decline or cancel an order if payment authorization fails, billing information is inaccurate or a transaction cannot be completed. Where an order has already been paid for and is canceled by us, an applicable refund will be issued.
Promotions and Discounts
Promotional prices, discounts, limited-time offers and free-shipping promotions may be subject to additional conditions, including expiration dates, minimum purchase requirements and product exclusions.
Promotions may not be combined unless expressly stated. If the terms of a particular promotion differ from these Terms of Service, the specific promotional conditions will apply, subject to applicable law.
Pricing Errors
Although we make every effort to maintain accurate prices and product information, occasional errors may occur.
If a pricing or billing error affects an order, we will contact the customer when appropriate to explain the issue and available options. We may correct the error or cancel an affected order, subject to applicable law. Any applicable refund for an order canceled by us will be issued to the original payment method.
SECTION 5 - SHIPPING AND DELIVERY
Order Processing
De’Ka Creative Studios Boutique Botanical Apothecary prepares and ships orders from Puerto Rico. Our products are crafted in small batches, and processing times may vary depending on product availability, order volume and preparation requirements.
Personalized Rituals and made-to-order products may require additional preparation time. When applicable, estimated preparation times will be communicated before an order is finalized.
Shipping Methods and Charges
Available shipping methods and rates are displayed at checkout based on the customer's delivery destination, order details and selected shipping service.
Shipping promotions, including free shipping when offered, are subject to the eligibility requirements displayed at checkout.
For additional information, please review our Shipping Policy.
Delivery Estimates
Estimated delivery dates are provided for informational purposes and are not guaranteed unless expressly stated for a particular shipping service.
Delivery times may vary depending on the destination, shipping carrier, weather conditions, customs processing and other circumstances outside our reasonable control.
Order processing time is separate from shipping transit time.
Shipping Delays
If we are unable to dispatch an order within the stated processing or shipment period, we will contact the customer as required, provide an updated estimate when available and offer the option to accept the delay or cancel the affected order for a refund, as applicable.
Once an order has been dispatched, we will assist customers with reasonable shipping inquiries and carrier-related delivery problems.
Shipping Addresses
Customers are responsible for providing accurate and complete shipping information at checkout, including the recipient's name, street address, apartment or unit number when applicable, and correct postal code.
If an address appears incomplete or incorrect, we may contact the customer to request clarification before dispatching the order.
If an order is returned because of an incorrect or incomplete address supplied by the customer, additional shipping charges may apply before it can be resent. We will discuss the available options with the customer.
International Shipping
International shipping may be offered to selected destinations when available. Shipping eligibility, available methods and applicable charges will be confirmed at checkout. Certain products may be restricted from shipping to particular destinations.
International orders may be subject to customs inspections, import duties, taxes or additional clearance fees. Unless otherwise stated, these charges are the customer's responsibility.
Certain botanical preparations, liquids or other products may be restricted from shipping to particular destinations. If we cannot legally or safely ship an ordered product, we will contact the customer and arrange an appropriate refund or other agreed resolution.
Lost, Damaged or Incorrect Deliveries
If an order arrives damaged, contains incorrect items or appears to have been lost during shipment, customers should contact us as soon as reasonably possible at accounting@dekacreativestudios.com.
Please provide your order number and a description of the issue, along with photographs when available.
We will review the circumstances and work toward an appropriate resolution in accordance with our Return & Refund Policy and applicable consumer-protection laws.
Order Tracking
Tracking information will be provided when available after the order has been dispatched. Customers can use the tracking details to follow their shipment through the designated carrier.
SECTION 6 - INTELLECTUAL PROPERTY
All content made available through the De’Ka Creative Studios Boutique Botanical Apothecary website and Services, including our original text, photographs, graphics, artwork, product photography, label designs, website design elements, videos, written product descriptions, educational materials and other original creative content, is owned by or licensed to De’Ka Creative Studios Boutique Botanical Apothecary and is protected by applicable intellectual-property laws.
The names De’Ka Creative Studios Boutique Botanical Apothecary, De’Ka Creative Studios, our logos, emblems, collection names, product names, slogans, branding elements and other identifiers used to distinguish our products or Services may constitute trademarks or other protected brand identifiers under applicable law. Nothing in these Terms grants permission to use our brand identity, logos, product names or other source-identifying materials without our prior written authorization.
Our website and its content are provided for personal, non-commercial use. Unless expressly authorized by us in writing, you may not reproduce, copy, distribute, republish, modify, publicly display, commercially exploit, sell, license or create derivative works from our protected website content.
You may not use our photographs, label artwork, promotional graphics, written descriptions, marketing materials or other original creative works to advertise, manufacture, promote or sell products or services without our prior written permission.
Product Formulations and Proprietary Information
Certain product-development information, formulation methods, internal procedures, production notes, sourcing information and other business information may be confidential or proprietary to De’Ka Creative Studios Boutique Botanical Apothecary.
Nothing made available through the Services grants a license or right to use confidential or proprietary business information belonging to De’Ka Creative Studios Boutique Botanical Apothecary.
Ingredient declarations and other information that we are required to provide to customers or disclose by law are not intended to be treated as confidential information.
Third-Party Intellectual Property
Shopify’s name, logo, products, services, designs and other intellectual property belong to Shopify and its respective licensors.
Other trademarks, brand names, logos, photographs or materials appearing through the Services remain the property of their respective owners. Their appearance on our website does not grant customers any ownership or license to use them.
Unauthorized Use
Unauthorized use of intellectual property belonging to De’Ka Creative Studios Boutique Botanical Apothecary or third parties may violate applicable copyright, trademark or other intellectual-property laws.
All rights not expressly granted under these Terms are reserved.
SECTION 7 - OPTIONAL TOOLS
From time to time, De’Ka Creative Studios Boutique Botanical Apothecary may provide access through the Services to optional tools, features, applications, integrations or services offered by third parties.
These may include, for example, payment services, order tracking tools, customer review features, social-media integrations, communication tools, product recommendation features or other third-party services made available through our website.
We do not necessarily own, operate, control or monitor these third-party tools, and their availability may depend on the applicable third-party provider.
Any optional third-party tools are made available on an “as is” and “as available” basis, subject to the terms, conditions and privacy practices of the applicable provider.
Your use of any optional third-party tool is voluntary and at your own discretion. Before using such a tool, you should review and understand the terms, privacy practices and conditions established by the third-party provider.
To the extent permitted by applicable law, De’Ka Creative Studios Boutique Botanical Apothecary is not responsible for the operation, availability, security, accuracy or performance of third-party tools that are not under our control.
We may add, modify or discontinue optional features, tools, integrations or resources made available through the Services in the future. Any new features or tools offered directly through our Services will also be subject to these Terms of Service and any additional terms disclosed at the time of use.
SECTION 8 - THIRD-PARTY LINKS
External Websites and Services
Our website may contain links to websites, applications, platforms or services operated by independent third parties. These may include social media platforms, shipping carriers, payment providers and other external resources.
These links are provided for customer convenience, informational purposes or to support features of our online store.
De’Ka Creative Studios Boutique Botanical Apothecary does not necessarily own, operate or control these third-party websites or services. The inclusion of an external link does not automatically constitute an endorsement of the third party or its products, services or content.
Third-Party Content and Responsibility
Although we make reasonable efforts to provide useful and relevant links, we do not guarantee the accuracy, completeness, availability, reliability or security of content published on websites operated by independent third parties.
To the extent permitted by applicable law, De’Ka Creative Studios Boutique Botanical Apothecary is not responsible for losses or damages arising from your independent use of third-party websites, products or services that are outside our control.
Nothing in this section limits our responsibilities for purchases made directly from De’Ka Creative Studios Boutique Botanical Apothecary or any rights you may have under applicable consumer-protection laws.
Third-Party Privacy and Security
When you leave our website to visit an external platform, that platform's terms of service, privacy policy and security practices may apply.
We encourage customers to review the applicable policies before providing personal information, creating an account or completing a transaction on an external website.
External Purchases and Customer Inquiries
Purchases or transactions made directly with independent third-party businesses are generally governed by those businesses' own terms and policies.
Questions or concerns regarding an independent third party's products, services or website should ordinarily be directed to that provider.
For questions concerning purchases made directly through De’Ka Creative Studios Boutique Botanical Apothecary, please contact us at accounting@dekacreativestudios.com.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
De'Ka Creative Studios Boutique Botanical Apothecary 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 De'Ka Creative Studios Boutique Botanical Apothecary.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and De'Ka Creative Studios Boutique Botanical Apothecary, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with De'Ka Creative Studios Boutique Botanical Apothecary.
SECTION 10 - PRIVACY POLICY
Collection and Use of Personal Information
At De’Ka Creative Studios Boutique Botanical Apothecary, we respect our customers' privacy and are committed to handling personal information in accordance with our published Privacy Policy and applicable privacy laws.
When you visit our website, create an account, place an order, contact us or request a Personalized Ritual, we may collect information necessary to provide our products and services. Depending on your interaction with our store, this may include your name, contact information, billing and shipping details, order history, product preferences and information you voluntarily provide when requesting personalized products.
Information about ingredient allergies or sensitivities provided for Personalized Rituals will be used to review the relevant product request and provide customer assistance, as described in our Privacy Policy.
Shopify and Third-Party Service Providers
Our online store is powered by Shopify, which collects and processes certain personal information about your access to and use of our website to operate, maintain and improve the services it provides.
Customer information may also be processed by authorized third-party service providers involved in payment processing, order fulfillment, shipping, website functionality and other services necessary to operate our store.
Some of these providers may process or store information in countries or jurisdictions outside your place of residence, subject to applicable privacy requirements.
Privacy Policies and Customer Rights
Our collection, use, disclosure and retention of personal information are described in our Privacy Policy: /policies/privacy-policy
Certain personal information may also be subject to Shopify's Privacy Policy: https://www.shopify.com/legal/privacy/app-users
Your privacy rights and available choices depend on your location and applicable law. Please review our Privacy Policy for information about your rights, how to exercise them and how to contact us regarding privacy concerns.
Privacy Inquiries
If you have questions about how De’Ka Creative Studios Boutique Botanical Apothecary handles your personal information, please contact us at accounting@dekacreativestudios.com.
SECTION 11 - FEEDBACK
Customer Reviews and Feedback
We welcome honest feedback from our customers about their experiences with De’Ka Creative Studios Boutique Botanical Apothecary, including product reviews, suggestions, comments and testimonials.
If you submit a review, comment, photograph, suggestion or other content through our website or a designated public review feature (collectively, "Feedback"), you confirm that the information reflects your genuine experience and that you have the right to share the content.
Feedback must not contain false or misleading statements, unlawful material, harassment, malicious software or content that infringes another person's intellectual-property or privacy rights.
Permission to Use Feedback
When you voluntarily submit Feedback through a public review or feedback feature on our website, you grant De’Ka Creative Studios Boutique Botanical Apothecary a non-exclusive, worldwide, royalty-free license to display, reproduce, format and share that Feedback for the operation and promotion of our business, subject to applicable law.
You retain ownership of your original content. This permission does not transfer ownership of your photographs, written reviews or other original materials to De’Ka.
We will not use photographs showing identifiable individuals, private messages or personal information from customer communications in promotional materials without obtaining appropriate permission.
Customer Testimonials and Photographs
We may invite customers to share testimonials, product experiences or before-and-after photographs for potential use on our website or social media.
Participation is voluntary. When additional permission is required, we will explain how the content may be used before publishing it.
We will not intentionally alter customer testimonials in a manner that misrepresents their original meaning or creates misleading impressions about product performance.
Individual product experiences may vary. Customer testimonials do not constitute a guarantee that other customers will experience identical results.
Honest Reviews and Disclosure
We welcome both positive and negative reviews and do not require customers to provide favorable feedback.
If we offer a complimentary product, discount or other incentive in connection with a review or testimonial, we will require appropriate disclosure of that relationship in accordance with applicable advertising laws.
Review Moderation
We reserve the right to review, moderate or remove content submitted through our website when reasonably necessary to address spam, unlawful material, threats, harassment, personal information, intellectual-property violations or other legitimate concerns.
We will not knowingly suppress genuine negative reviews solely because they express dissatisfaction with our products or services, or selectively publish reviews in a manner that misrepresents customer experiences.
Suggestions and Product Development
Customers may voluntarily provide suggestions concerning existing products, potential new products, packaging, fragrances or other aspects of our business.
Unless a separate written agreement provides otherwise, submitting a general suggestion does not obligate De’Ka Creative Studios Boutique Botanical Apothecary to develop it, provide compensation or establish a business relationship with the person submitting it.
Feedback Inquiries
For questions about customer reviews, testimonials or permission to use submitted content, please contact accounting@dekacreativestudios.com.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Accuracy of Website Information
De’Ka Creative Studios Boutique Botanical Apothecary makes reasonable efforts to ensure that the information displayed on our website is accurate, complete and up to date.
However, occasional typographical errors, inaccuracies or omissions may occur. These may involve product descriptions, ingredients, product sizes, pricing, promotional offers, discount codes, shipping charges, estimated delivery times, product availability or other information provided through our Services.
Product Information and Small-Batch Availability
Because our products are prepared in small batches, ingredient availability, inventory levels, packaging and product presentation may change.
We reserve the right to correct inaccurate product information and update descriptions or availability as needed. We will not knowingly substitute ingredients or make material changes to a confirmed order without informing the affected customer and obtaining any necessary agreement.
Customers with known allergies or ingredient sensitivities are encouraged to review the product information provided at the time of purchase and contact us with any questions before ordering.
Pricing and Promotional Errors
If a pricing, discount, promotional or shipping-charge error is discovered, we reserve the right to correct the information in accordance with applicable law.
If an error materially affects an order that has already been submitted, we may contact the customer to explain the discrepancy and offer the available options, which may include confirming a corrected price or canceling the affected order.
We will not charge a customer an increased price for an existing order without their authorization. If we cancel a paid order because of an error, we will issue the applicable refund.
Order and Inventory Corrections
If a product becomes unavailable, an inventory discrepancy is discovered or we cannot fulfill an order as originally confirmed, we will notify the affected customer as soon as reasonably possible.
Where appropriate, we may offer an alternative product, an updated fulfillment estimate or cancellation of the affected item or order with an applicable refund.
We will not substitute a product without the customer's agreement.
Corrections and Updates
We reserve the right to correct errors, inaccuracies or omissions and to update website information when necessary, including after an order has been submitted.
Material changes affecting confirmed orders will be communicated to the affected customers as appropriate. All corrections, order changes, cancellations and refunds remain subject to applicable consumer-protection laws and our published policies.
SECTION 13 - PROHIBITED USES
Lawful and Acceptable Use
You may access and use the De’Ka Creative Studios Boutique Botanical Apothecary website and Services only for lawful purposes and in accordance with these Terms of Service.
You agree not to use our website, products, content or Services in any manner that violates applicable laws, infringes the rights of others, compromises website security or interferes with other customers' ability to use our Services.
Prohibited Activities
When accessing or using our Services, you must not:
1. Engage in unlawful, fraudulent, deceptive or malicious activities, including submitting unauthorized transactions, fraudulent orders or knowingly false billing or shipping information.
2. Violate applicable international, federal, state, territorial or local laws and regulations.
3. Copy, reproduce, distribute, commercially exploit or otherwise misuse our protected photographs, label designs, brand identity, logos, written content or other intellectual property without appropriate authorization.
4. Harass, threaten, intimidate, abuse or discriminate against our customers, employees, representatives or other individuals.
5. Impersonate another person or organization, misrepresent your identity or submit false or misleading information.
6. Submit unlawful, defamatory, threatening or abusive content, or content that infringes another person's intellectual-property, privacy or other legal rights.
7. Distribute unsolicited advertising, spam, phishing messages, fraudulent promotions or other unauthorized commercial communications through our Services.
8. Use our website or communication services in a manner that interferes with their normal operation or prevents others from accessing them.
Website Security and Automated Access
You must not introduce viruses, malware, malicious code or other technology intended to damage, disrupt or compromise our website or Services.
Unauthorized attempts to access customer accounts, collect personal information, interfere with payment systems, bypass security measures or gain access to restricted areas of our website are prohibited.
Automated access, including the use of bots, scraping software, data-extraction tools or autonomous AI agents, must comply with our published access requirements and applicable law. You must not circumvent technical restrictions, security controls or measures intended to regulate automated access.
Where applicable, additional requirements governing autonomous AI agents are provided in Section 14 — Agents.
Unauthorized Commercial Use
Unless expressly authorized in writing, you may not reproduce, extract, resell or commercially exploit substantial portions of our website or Services.
You may not use De’Ka Creative Studios Boutique Botanical Apothecary's name, branding, photographs or promotional materials to falsely suggest an affiliation, partnership, sponsorship or endorsement.
These restrictions do not prohibit activities permitted by applicable law or the ordinary sharing of publicly available product links and information.
Enforcement and Account Restrictions
If we reasonably determine that an account or user has violated these Terms, we may take appropriate action, including restricting access, removing prohibited content, canceling fraudulent orders or suspending or terminating the affected account.
Where appropriate, we may report suspected unlawful activity to the relevant authorities.
Any action taken under this section will be subject to applicable law and will not eliminate a customer's rights concerning legitimate purchases, refunds or other mandatory consumer protections.
SECTION 14 - AGENTS
14.1 — Definition and Scope
This section ("Agent Terms") applies to any individual or organization that uses, authorizes, enables or deploys an automated or semi-automated software agent to access or interact with the De’Ka Creative Studios Boutique Botanical Apothecary website or Services.
An "Agent" refers to software, artificial intelligence or another automated system capable of performing actions on behalf of, or under the instructions of, an individual or organization without continuous direct human supervision.
This includes AI shopping assistants, automated browsing tools and other software that may search for products, retrieve information or initiate interactions with our website.
14.2 — Identification and Authorized Access
Agents may access or interact with our Services only when they identify themselves accurately and comply with the technical requirements outlined in Section 14.4.
Agents must not access or continue interacting with any part of our Services if we have expressly prohibited or restricted such access.
Using an Agent does not exempt its operator or the customer it represents from complying with these Terms of Service, including our requirements concerning lawful use, accurate order information and authorized payments.
14.3 — Access Restrictions and Security
De’Ka Creative Studios Boutique Botanical Apothecary reserves the right to regulate, restrict or block automated access to its website and Services when reasonably necessary to protect website security, customer information, intellectual property or the operation of our store.
We may use technical measures to control the manner, frequency and scope of automated access, subject to applicable law.
14.4 — Technical Requirements for Agents
Any Agent accessing or interacting with our Services must comply with the following requirements:
1. Accurate identification: All HTTP or HTTPS requests made by an Agent must identify the request as originating from an Agent and disclose the Agent's name by including the following format in the request's user-agent string: Agent/[agent name].
2. Transparency: Agents must not conceal or misrepresent their automated nature, including by impersonating human users or disguising automated activity.
3. Security measures: Agents must not bypass, defeat or circumvent CAPTCHAs or other mechanisms intended to distinguish human users from automated systems.
4. Truthful responses: Agents must respond accurately to any prompt, inquiry or verification procedure intended to determine whether an interaction originates from a human user or an automated system.
5. Compliance with access restrictions: Agents must not bypass, evade or interfere with security controls, technical restrictions or other measures used to regulate, restrict or prohibit automated access to our Services.
14.5 — Orders Submitted Through Agents
Customers who authorize an Agent to browse our store or submit orders on their behalf remain responsible for ensuring that the Agent has the necessary authorization to perform those actions.
Orders initiated through an Agent remain subject to our standard order acceptance procedures, payment requirements, product availability, cancellation rules and other applicable provisions of these Terms of Service.
We may request additional verification when reasonably necessary to confirm that a transaction has been authorized or to protect against fraud.
SECTION 15 - TERMINATION
Termination or Restriction of Access
De’Ka Creative Studios Boutique Botanical Apothecary reserves the right to suspend, restrict or terminate access to our website, customer accounts or Services when reasonably necessary, including in cases of suspected fraud, unauthorized transactions, security threats, unlawful activity or violations of these Terms of Service.
Where appropriate and reasonably possible, we may notify the affected customer of the restriction or termination. However, immediate action may be necessary to protect our customers, business operations, website security or legal interests.
We may also discontinue or modify portions of our Services, subject to applicable law and our obligations concerning existing customer orders.
Existing Orders and Outstanding Payments
Termination or restriction of access does not automatically cancel an existing order or eliminate any outstanding payment obligations arising from valid purchases made before termination.
Any pending orders will be reviewed individually. Where an order cannot be fulfilled because of termination, we will notify the customer and issue any refund required under our Return & Refund Policy and applicable law.
Customers remain responsible for legitimate charges incurred before termination. Nothing in this section authorizes charges that were not agreed to or otherwise legally payable.
Customer Rights Following Termination
Termination of website access or a customer account does not eliminate applicable consumer rights concerning previous purchases, defective or incorrect products, eligible refunds or outstanding customer-service matters.
Customers who require assistance with a previous purchase may contact us at accounting@dekacreativestudios.com.
Requests concerning personal information or privacy rights will be handled in accordance with our Privacy Policy and applicable law.
Provisions That Continue After Termination
The provisions of these Terms that, by their nature, are intended to remain effective after termination will continue to apply to the extent permitted by applicable law.
These include, where applicable, provisions concerning Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other rights or obligations that arose before termination or are intended to survive it.
SECTION 16 - DISCLAIMER OF WARRANTIES
General Information
Information provided through the De’Ka Creative Studios Boutique Botanical Apothecary website, including product descriptions, botanical ingredient information, educational materials, product recommendations and general self-care guidance, is intended for informational purposes.
We make reasonable efforts to maintain accurate and current information. However, we do not guarantee that all informational content will be complete, error-free or appropriate for every customer's individual circumstances.
Customers should review the instructions, ingredients and warnings accompanying each product before use.
Cosmetic Products and Individual Results
Our cosmetic and personal-care products are intended for their stated purposes, including cleansing, moisturizing, conditioning and maintaining the appearance of skin and hair.
Individual experiences may vary according to factors such as skin type, hair characteristics, personal sensitivities, environmental conditions and product use.
We do not guarantee that every customer will achieve identical cosmetic results or experience the same benefits.
Product descriptions, photographs, customer testimonials and educational information should not be interpreted as guarantees of particular results unless expressly stated.
Small-Batch Products and Personalized Rituals
Because our products are prepared in small batches, minor variations in appearance, botanical aroma, texture, color or consistency may occur.
Personalized Rituals are prepared according to the customization options confirmed with each customer, subject to ingredient availability and formulation compatibility.
Although we take reasonable care in preparing our products, we cannot guarantee that any particular formulation will produce an identical experience for every individual.
Natural variations do not automatically constitute a defect. However, this provision does not excuse products that are defective, unsafe, incorrectly described or otherwise fail to meet applicable legal requirements.
Health and Ingredient Precautions
Our cosmetic and personal-care products are not intended to diagnose, treat, cure or prevent medical conditions.
Botanical or naturally derived ingredients may cause sensitivities or allergic reactions in some individuals. Customers should review product-specific ingredient declarations and warnings and discontinue use if an adverse reaction occurs.
Information provided through our website does not replace advice from a qualified healthcare professional.
Website and Service Availability
We aim to provide a reliable and secure shopping experience. However, our website and its features may occasionally be interrupted by scheduled maintenance, technical difficulties, third-party service interruptions or circumstances outside our reasonable control.
To the extent permitted by applicable law, our website and digital Services are provided on an "as is" and "as available" basis. We do not guarantee that access will always be uninterrupted, timely or free from technical errors.
Warranty Limitations and Consumer Rights
Except for warranties expressly provided by De’Ka Creative Studios Boutique Botanical Apothecary or required by applicable law, we make no additional guarantees concerning our website, digital Services or specific cosmetic outcomes.
To the extent permitted by applicable law, we disclaim warranties or conditions that may lawfully be excluded, including applicable implied warranties of merchantability and fitness for a particular purpose.
Nothing in this section excludes, restricts or modifies any warranty, consumer guarantee or legal remedy that cannot lawfully be excluded.
In particular, this section does not eliminate our responsibility for defective, unsafe, damaged, incorrectly supplied or nonconforming products where applicable law provides customers with rights or remedies.
Customers experiencing an issue with an order may contact us at accounting@dekacreativestudios.com and refer to our Return & Refund Policy.
SECTION 17 - LIMITATION OF LIABILITY
General Limitation of Liability
To the fullest extent permitted by applicable law, De’Ka Creative Studios Boutique Botanical Apothecary, its owners, employees, representatives, contractors, service providers and licensors shall not be liable for indirect, incidental, special, consequential or punitive damages arising from the use of our website or Services, where such limitations are legally permitted.
Such damages may include lost profits, lost revenue, business interruption or loss of data resulting from circumstances for which liability may lawfully be limited.
Nothing in this section excludes or limits liability that cannot legally be excluded or restricted.
Website and Third-Party Services
We make reasonable efforts to maintain a reliable and secure online shopping experience. However, website interruptions, technical errors, network failures and disruptions involving independent third-party services may occasionally occur.
To the extent permitted by applicable law, we are not responsible for losses arising solely from circumstances outside our reasonable control.
This provision does not eliminate any responsibility we may have for our own actions, omissions or failure to meet applicable legal obligations.
Product Use and Individual Experiences
Our botanical cosmetic and personal-care products are intended to be used according to their stated purposes, ingredient declarations, instructions and warnings.
Individual experiences may vary depending on skin or hair characteristics, ingredient sensitivities and other personal factors.
Customers should review the ingredients and instructions accompanying each product and discontinue use if an adverse reaction occurs.
To the extent permitted by applicable law, we are not responsible for harm arising solely from product misuse, unauthorized alterations or use contrary to clearly provided safety instructions, where such harm is not attributable to a defect or other failure for which we are legally responsible.
Small-Batch and Personalized Products
Minor natural variations in color, texture, appearance or botanical aroma may occur between batches and do not necessarily constitute product defects.
Personalized Rituals are prepared according to the customization details confirmed with each customer. We do not guarantee identical cosmetic outcomes or results for every individual.
These provisions do not limit our responsibility for defective products, inaccurate material descriptions, undisclosed ingredients where disclosure is required, or failures to comply with applicable safety requirements.
Shipping and Delivery
We are not responsible for delays caused solely by circumstances outside our reasonable control, such as severe weather, customs inspections or carrier disruptions, except where applicable law provides otherwise.
Our responsibilities concerning delayed shipments, lost packages, damaged deliveries, refunds and order fulfillment are governed by our Shipping Policy, Return & Refund Policy and applicable law.
Mandatory Consumer Rights and Product Safety
Nothing in these Terms excludes or limits liability for fraud, intentional misconduct, personal injury, defective or unsafe products, or any other matter to the extent that such liability cannot legally be excluded or limited.
Nothing in this section restricts any statutory warranty, consumer guarantee, right to a refund or other remedy provided by applicable law.
Relationship with Shopify
The relationship between De’Ka Creative Studios Boutique Botanical Apothecary and Shopify, including Shopify's responsibilities regarding purchases made through our store, is addressed separately in Section 9 — Relationship with Shopify.
SECTION 18 - INDEMNIFICATION
Customer Responsibilities
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless De’Ka Creative Studios Boutique Botanical Apothecary, Shopify, and their respective affiliates, partners, owners, officers, employees, representatives, agents, contractors, licensors and service providers against third-party claims, losses, damages, liabilities and reasonable legal expenses arising directly from:
1. Your material breach of these Terms of Service or policies incorporated into these Terms.
2. Your violation of applicable laws or regulations.
3. Your infringement of another person's intellectual-property, privacy or other legal rights.
4. Your fraudulent, unlawful or intentionally harmful use of our website or Services.
These obligations apply only to the extent that the claim or loss is attributable to your actions or omissions and indemnification is permitted by applicable law.
Notification and Handling of Claims
If a third-party claim arises for which indemnification may be required under this section, we will provide you with reasonably prompt notice and relevant information concerning the claim.
A delay in notification will not automatically eliminate an otherwise valid indemnification obligation unless the delay materially prejudices your ability to respond to or defend against the claim.
Where legally permitted and appropriate, we may participate in or assume the defense of an indemnifiable claim using qualified legal counsel.
We will consult with you regarding the defense and any proposed settlement that would impose financial or nonfinancial obligations on you. We will not agree to a settlement that requires you to admit wrongdoing or undertake nonfinancial obligations without your prior consent, which shall not be unreasonably withheld.
You agree to provide reasonable cooperation and relevant documentation necessary for the defense of a claim, subject to applicable law and your legal rights.
Limitations and Consumer Protection
Nothing in this section requires you to indemnify De’Ka Creative Studios Boutique Botanical Apothecary or Shopify for losses caused by their own negligence, misconduct, defective products or failure to comply with applicable legal obligations, to the extent such indemnification is prohibited by law.
This section does not restrict your right to raise legitimate complaints, report unsafe products, seek refunds, exercise statutory warranty rights or pursue any other remedy available under applicable consumer-protection laws.
Any indemnification obligation will be interpreted and enforced only to the extent permitted by applicable law.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined by a court or other competent authority to be unlawful, invalid, void or unenforceable under applicable law, that provision shall be interpreted and enforced to the fullest extent legally permitted.
Any portion that cannot lawfully be enforced shall be considered severed from these Terms of Service, without affecting the validity or enforceability of the remaining provisions.
The remaining provisions shall continue in full force and effect to the extent permitted by applicable law.
Nothing in this section shall be interpreted to eliminate, restrict or modify any mandatory consumer rights or protections established by applicable law.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Waiver of Rights
If De’Ka Creative Studios Boutique Botanical Apothecary does not exercise or enforce any right or provision of these Terms of Service on a particular occasion, that decision shall not constitute a permanent waiver of that right or provision.
Any waiver of a contractual right must be expressly agreed to in writing and shall apply only to the specific circumstances identified in that waiver, unless otherwise required by applicable law.
Entire Agreement
These Terms of Service, together with our Privacy Policy, Shipping Policy, Return & Refund Policy and any additional terms expressly agreed upon in connection with a purchase, constitute the agreement between you and De’Ka Creative Studios Boutique Botanical Apothecary concerning your use of our website and Services.
These Terms replace previous versions of our Terms of Service and prior communications concerning the same subject matter, except where a separate agreement, applicable law or an existing customer's contractual rights provide otherwise.
Personalized Rituals and Special Agreements
Certain products or services, including Personalized Rituals, may be subject to additional terms agreed upon before an order is finalized.
Where a specific customization, price, preparation timeframe or other special condition has been expressly agreed upon for an order, those agreed terms will govern that particular matter, provided they do not conflict with mandatory consumer protections.
Interpretation of Terms
These Terms shall be interpreted fairly, in accordance with their wording and applicable law.
If a provision is unclear or conflicts with a mandatory consumer-protection requirement, the applicable legal requirement shall prevail.
Nothing in this section excludes or restricts any rights, warranties or remedies that cannot lawfully be waived.
SECTION 21 - ASSIGNMENT
Assignment of Customer Rights and Obligations
You may not assign, transfer or delegate your rights or obligations under these Terms of Service to another person or organization without the prior written consent of De’Ka Creative Studios Boutique Botanical Apothecary, except where permitted by applicable law.
This restriction does not prevent customers from exercising their legal rights, making authorized gift purchases or seeking assistance with legitimate orders.
Business Transfers and Assignment
De’Ka Creative Studios Boutique Botanical Apothecary may assign or transfer these Terms of Service, together with the associated rights and obligations, in connection with a legitimate business transaction, including a merger, acquisition, restructuring or transfer of ownership.
Any such transfer will remain subject to applicable law and will not eliminate obligations relating to existing customer orders, payments, refunds or other legally protected rights.
Customer Notification and Privacy
Where required by applicable law, we will notify affected customers of a transfer that materially changes the party responsible for fulfilling their orders or providing our Services.
Any transfer of customer personal information will be handled in accordance with our Privacy Policy and applicable privacy laws.
Continuing Rights and Obligations
These Terms shall remain binding upon the parties and their respective permitted successors and assigns.
Nothing in this section limits any mandatory consumer right or permits De’Ka Creative Studios Boutique Botanical Apothecary to transfer its obligations in a manner prohibited by applicable law.
SECTION 22 - GOVERNING LAW
Applicable Law
These Terms of Service and any agreements concerning products or services purchased directly from De’Ka Creative Studios Boutique Botanical Apothecary shall be governed by and interpreted in accordance with the applicable laws of the Commonwealth of Puerto Rico and the federal laws of the United States, without regard to conflict-of-law principles, except where mandatory provisions of applicable law require otherwise.
Jurisdiction and Legal Proceedings
Subject to applicable law, disputes arising from these Terms of Service or purchases made through our website may be brought before courts of competent jurisdiction in Puerto Rico, including the applicable courts of the Commonwealth of Puerto Rico or federal courts of the United States.
Nothing in this section requires a customer to bring a claim exclusively in Puerto Rico where applicable law provides the right to pursue a claim in another jurisdiction.
Consumer Rights in Other Jurisdictions
Customers purchasing products from outside Puerto Rico may be entitled to mandatory consumer protections under the laws applicable to their location.
Nothing in these Terms of Service is intended to exclude, restrict or override consumer rights, statutory warranties or legal remedies that cannot lawfully be waived through a contractual choice-of-law or jurisdiction provision.
Resolution of Customer Concerns
We encourage customers to contact De’Ka Creative Studios Boutique Botanical Apothecary regarding order-related concerns before initiating formal legal proceedings, where practical.
Customers may contact us at accounting@dekacreativestudios.com to discuss issues involving purchases, delivery, product quality or other matters relating to our Services.
Contacting us is voluntary and does not prevent customers from exercising their legal rights, filing complaints with appropriate authorities or pursuing available legal remedies.
SECTION 23 - HEADINGS
The headings, titles and subheadings used throughout these Terms of Service are provided solely for convenience, organization and ease of reference.
They do not form part of the substantive provisions of these Terms and shall not limit, modify or otherwise affect the meaning, interpretation or enforceability of any provision.
In the event of any inconsistency between a heading and the text of a provision, the text of the provision shall govern, subject to applicable law.
SECTION 24 - CHANGES TO TERMS OF SERVICE
Updates and Revisions
De’Ka Creative Studios Boutique Botanical Apothecary reserves the right to review, update, modify or replace these Terms of Service when necessary to reflect changes in our business operations, products, website features, policies or applicable legal requirements.
The most current version of our Terms of Service will be available on this page. We encourage customers to review these Terms periodically to remain informed about the conditions governing their use of our website and Services.
Notification of Material Changes
When changes materially affect customers' rights or obligations, we will provide notice as required by applicable law. Depending on the circumstances, notice may be provided through our website, by email or through another appropriate communication method.
Updated Terms will take effect on the date specified in the revised Terms or accompanying notice, subject to applicable law.
Existing Orders and Agreements
Changes to these Terms of Service will not automatically modify the conditions of purchases already accepted or override customization arrangements previously agreed upon for Personalized Rituals.
Existing orders will remain subject to the terms applicable when they were accepted, unless the customer agrees to a lawful modification or applicable law requires otherwise.
Continued Use of Our Services
Your continued use of our website or Services after updated Terms have taken effect may constitute acceptance of the revised Terms, to the extent permitted by applicable law.
Where applicable law requires additional notice or affirmative consent, we will follow those requirements.
If you disagree with updated Terms, you may discontinue using our website or Services. This does not affect any rights or obligations arising from purchases made before the changes took effect.
Questions About Changes
If you have questions about an update to these Terms of Service, please contact De’Ka Creative Studios Boutique Botanical Apothecary at accounting@dekacreativestudios.com.
SECTION 25 - CONTACT INFORMATION
For questions or concerns regarding these Terms of Service, orders, products or other matters relating to our website and Services, please contact De’Ka Creative Studios Boutique Botanical Apothecary using the information below.
We welcome customer inquiries and will make reasonable efforts to respond in a timely manner.
Business name: De’Ka Creative Studios Boutique Botanical Apothecary
Business location: Puerto Rico, United States
Email: accounting@dekacreativestudios.com
Business mailing address: Carolina, Puerto Rico
For assistance with returns, refunds, shipping or personalized orders, please refer to our published store policies or contact us by email.