Policies

  1. Terms of Service

  2. Privacy Policy

  3. Shipping & Fulfillment Policy

  4. Refund, Exchange, & Safety Policy

  5. Product & Health Disclaimer

  6. SMS Marketing Terms and Conditions

  1. Terms of Service

Welcome to "Out There Now," a digital storefront operated by Ishpingo LLC. These Terms of Service, along with our Privacy Policy; Shipping & Fulfillment Policy; and Refund, Exchange, & Safety Policy, form the legally binding contract between Ishpingo LLC and you, the consumer. By accessing or using this website, you agree to be bound by these terms.

1. Intellectual Property and Brand Protection

  • All content on this site, including custom graphics, photography, product names, logos, and the overarching trade dress, is the sole property of Ishpingo LLC. Please note that "Out There Now" occasionally utilizes Artificial Intelligence (AI) tools to assist in the creation, modification, or enhancement of our digital imagery and graphics. By accessing this site, you acknowledge and agree that Ishpingo LLC retains all ownership, rights, and interests in these final works, regardless of the method of creation.

  • No user may copy, publish, imitate, post, transmit, or use the trademark, content, or any derivative works without prior written permission from Ishpingo LLC. Furthermore, users are strictly prohibited from downloading, scraping, or utilizing our images to train machine learning models, or using AI tools to alter, slightly modify, or generate derivative works based on our imagery in an attempt to bypass these intellectual property restrictions.

  • In accordance with the Digital Millennium Copyright Act (DMCA), if you believe any user-generated content infringes upon your copyright, please submit a formal takedown notice to our designated copyright agent at lapatrona@outtherenow.com.

2. Medical and FDA Disclaimer

  • "Out There Now" products are formulated exclusively for cosmetic purposes.

  • Information provided regarding botanical ingredients is for educational purposes only and is not intended to substitute for professional medical advice.

  • We advise customers to consult a physician for any specific health concerns.

3. Product Characteristics

  • Because our natural products are formulated mostly without synthetic stabilizers, slight variations in texture or temperature-induced separation may occur.

  • This is a natural characteristic of botanical ingredients and does not impact product safety or efficacy.

4. Subscription Services and Auto-Renewals

  • If you enroll in any automated subscription services, Ishpingo LLC provides a simple, free, and immediate online cancellation mechanism in compliance with Idaho's "click-to-cancel" law.

  • You may cancel your subscription at any time via the direct link in your customer portal before the next recurring charge is processed.

5. Mandatory Arbitration and Class Action Waiver

  • Any dispute, claim, or controversy arising out of the purchase, the use of the website, or statutory claims must be resolved through binding, individual arbitration rather than in a court of law before a judge or jury.

  • By agreeing to these terms, you and Ishpingo LLC waive the right to a trial by jury or to participate in a class action.

All disputes will be resolved through binding arbitration governed by the Federal Arbitration Act.

2. Privacy Policy

This Privacy Policy discloses exactly how Ishpingo LLC collects, uses, stores, and shares customer data, legally referred to as Personally Identifiable Information (PII).

1. Data Collection Types

We collect specific categories of data to fulfill your orders and improve your shopping experience. This is divided into two categories:

  • Active Data: We collect the information you voluntarily provide during checkout or account creation, which includes your name, email address, shipping address, and payment details.

  • Passive Data: We collect background information while you navigate our site, which includes IP addresses, browser types, device identifiers, and geolocations captured via cookies.

2. Cookie Disclosure

Our digital storefront utilizes strictly necessary, performance, and functional cookies (such as Google Analytics and Shopify cart tracking) to operate effectively. We respect your privacy preferences and provide a mechanism on our website for you to opt out of any non-essential tracking.

3. Data Sharing Limitations

Ishpingo LLC guarantees that we do not sell your customer data to third-party data brokers. We clarify that your data is only shared with essential service providers who are strictly necessary to execute your transaction and maintain the website. These trusted partners include:

  • Payment gateways (e.g., ShopPay, PayPal).

  • Shipping logistics carriers (e.g., USPS, FedEx).

  • Email and SMS marketing platforms.

4. Data Subject Rights

Consumers maintain control over their digital footprint with our brand. You have the right to request access to, correction of, or the complete deletion of your personal data from Ishpingo LLC's servers. To exercise these rights, please reach out to our dedicated data privacy contact listed below, and we will process your request within legally mandated timeframes.

5. Legally Compelled Disclosure

While we aggressively protect your data, Ishpingo LLC preserves the right to disclose Personally Identifiable Information if we are legally compelled to do so by law enforcement or a subpoena. We also reserve the right to disclose data in urgent circumstances to protect the personal safety of others or to protect our company against legal liability.

6. Contact Information

For any questions regarding your data, or to submit a privacy request, please contact our dedicated compliance team:

3. Shipping & Fulfillment Policy

Due to their alcohol content, our perfumes are classified by the U.S. Department of Transportation (DOT) and the Federal Aviation Administration (FAA) as Class 3 Flammable Liquids (UN1266). To ensure rigorous compliance with federal hazardous materials (HAZMAT) regulations, Ishpingo LLC strictly enforces the following logistics protocols for all "Out There Now" orders.

1. Ground Shipping Mandate

Due to Department of Transportation (DOT) regulations governing the transport of flammable liquids, all "Out There Now" alcohol-based perfumes must be shipped via standard ground transportation. Expedited air shipping is strictly prohibited by federal law.

2. Geographic Limitations

We currently ship only within the contiguous United States. Federal aviation regulations strictly prohibit the international shipment of alcohol-based fragrances via standard postal services. As a result, we cannot fulfill orders to international destinations, Hawaii, Alaska, or APO/FPO addresses at this time.

3. Processing and Transit Timelines

Please allow a processing window of 3-5 business days, which is separate from the carrier's transit time. Because ground shipping inherently takes longer, we ask that you set your delivery expectations accordingly at the time of purchase.

4. Transfer of Liability and Package Protection

Once an order is transferred to the shipping carrier, the domain of control shifts. We highly encourage you to select package protection (such as LABL or Route) at checkout to insure your order against loss, theft, or damage in transit.

4. Refund, Exchange, & Safety Policy

At Ishpingo LLC ("Out There Now"), we prioritize the hygiene, safety, and quality of our products. Because our cosmetic formulations and fragrances are applied directly to the skin, we maintain strict return and exchange protocols to ensure the integrity of our inventory.

1. Final Sale Doctrine

Due to the sanitary nature of cosmetics and the subjective nature of fragrance, all sales are final. Once a product is dispatched, the chain of custody is broken, and we cannot legally or safely restock or resell the item due to the risk of contamination and tampering.

2. Defective Goods Protocol

If you receive a product that is fundamentally defective, unsafe, or incorrect, we provide a narrow, clearly defined window of 7 days from delivery for customers to report damaged, defective, or incorrect items. To initiate a review, you must submit photographic evidence and your order number to lapatrona@outtherenow.com.

3. Natural Product Variances

Because our natural products are formulated mostly without synthetic stabilizers, slight variations in texture or temperature-induced separation may occur. This is a natural characteristic of botanical ingredients and does not impact product safety or efficacy. Such natural variances do not classify a product as defective and are not eligible for a refund.

4. Allergy Disclaimer and Assumption of Risk

We strongly urge customers to read the ingredient list prior to purchase, perform a 24-hour patch test, and discontinue use immediately if irritation occurs. By purchasing from "Out There Now," you assume the risk regarding individual sensitivities; Ishpingo LLC is not liable for individual allergic reactions.

5. Natural Allergen Disclosure

Our perfumes are crafted from botanical extracts, marine-derived ingredients, essential oils, apiary-derived ingredients (such as beeswax), and organic alcohol. In the spirit of full transparency, we want to share that these natural ingredients contain trace amounts of naturally occurring allergens, including but not limited to: limonene, linalool, geraniol, citral, citronellol, and eugenol.

6. Safety & Care Guidelines

To ensure a safe experience, please read and adhere to the following guidelines before use:

  • Patch Test Recommended: Even natural, plant-based, marine, and apiary-derived ingredients can cause sensitivity or allergic reactions in some individuals. We strongly recommend performing a patch test by applying a small amount of the fragrance to the inside of your elbow or wrist and waiting 24 hours before full application. If you experience any redness, itching, burning, or irritation, discontinue use immediately and wash the affected area with soap and water.

  • External Use Only: These products are formulated for external use only. Avoid direct contact with the eyes, mucous membranes, and broken or irritated skin.

  • Medical Consultation: Essential oils are highly concentrated. If you are pregnant, nursing, have a medical condition, or are taking medication, please consult with your healthcare provider before using our products.

  • Storage and Handling: Store out of reach of children. Handle heavy glass with care. Store in a cool, dry place.

5. Product & Health Disclaimer

1. FDA & Medical Disclaimer. Out There Now products are formulated exclusively for cosmetic purposes. Information provided regarding botanical ingredients and essential oils is for educational purposes only and is not intended to substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Please consult a qualified healthcare physician for any specific health concerns.

2. Allergy Warning & Assumption of Risk. Personal taste in fragrance and individual skin chemistry are highly subjective. We strongly urge customers to read the full ingredient list before purchase, perform a 24-hour patch test on a small area of skin, and discontinue use immediately if redness or irritation occurs. By purchasing and using our products, the consumer assumes all responsibility and risk. Ishpingo LLC is not liable for individual allergic reactions or sensitivities to properly labeled ingredients.

3. Natural Ingredient Variances Because our natural products are formulated mostly without synthetic stabilizers, slight variations in color, texture, scent profile, or temperature-induced separation may occur between batches. This is a natural, expected characteristic of raw botanical ingredients and does not impact product safety or efficacy.

4. Product Feedback & Safety Reporting We are committed to the safety and quality of our cosmetics. In accordance with federal safety regulations, if you experience a severe or persistent reaction, please contact our compliance team immediately.

6. SMS Marketing Terms and Conditions

By opting into the "Out There Now" SMS marketing program operated by Ishpingo LLC, you agree to the following terms and conditions in compliance with the federal Telephone Consumer Protection Act (TCPA) and applicable state-specific telemarketing laws.

1. Prior Express Written Consent

  • By actively checking the designated, unchecked consent box during checkout or account creation, you provide your prior express written consent to receive automated promotional and informational text messages from Ishpingo LLC.

  • Consent to receive these automated SMS messages is entirely voluntary and is not a condition of purchasing any good or service from our digital storefront.

2. Opt-Out Mechanisms

  • You maintain the right to revoke your consent and terminate messages at any time.

  • Every single promotional message dispatched by our company will include clear, functioning instructions on how to unsubscribe (e.g., "Reply STOP to cancel").

  • Upon receiving your opt-out request, our marketing software will automatically and instantly process your removal from the SMS list without requiring human intervention.

3. Time and Delivery Restrictions

  • To respect your privacy and comply with federal mandates, promotional text messages will only be dispatched between the hours of 8:00 a.m. and 9:00 p.m. in your local time zone.

4. State-Specific Provisions

  • We strictly adhere to state-specific "mini-TCPA" laws regarding telephonic communications.

  • For residents of Florida, Washington, and Oklahoma, please be advised that automated SMS texts are legally classified as "telephonic sales calls" subject to rigorous state-level regulations and state-specific "Do Not Call" registries. Our communication practices are configured to respect these specific state limitations.

5. Contact Information

If you experience any issues with our SMS program, require assistance managing your communication preferences, or have questions regarding these terms, please contact us directly: