Terms of service

OVERVIEW

Welcome to Auria! The terms "we", "us" and "our" refer to Auria. Auria operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Auria is powered by Shopify, which enables us to provide the Services to you.

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

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

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

SECTION 1 - ACCESS AND ACCOUNT

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

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

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

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

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

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

SECTION 3 - ORDERS

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

Please review your order carefully before submitting, as Auria may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to returns or exchanges solely in accordance with our Return and Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered through other channels. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the payment method provided, and that you will pay charges incurred by you at the posted prices, including shipping charges and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Orders are subject to our Shipping Policy.

Delivery times provided by Auria are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, severe weather, customs processing, or other events outside our reasonable control.

Please review our Shipping Policy for information regarding processing times, shipping rates and available delivery options.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Auria, its affiliates or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as otherwise permitted by law.

Auria's names, logos, product and service names, designs, and slogans are trademarks of Auria or its affiliates or licensors. You must not use such trademarks without prior written permission from Auria.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

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

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

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

We may also offer new features through the Services in the future. Such new features shall be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

Please carefully review third-party policies and practices before engaging in any transaction with them. Questions or concerns regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Auria 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 Auria.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Auria, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Auria to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transmitted to Shopify and other service providers that help us operate our store, process payments, fulfill orders, communicate with customers, and provide the Services.

Please review our Privacy Policy for more information regarding how personal information is collected, used, and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating and promoting our Services, subject to applicable law.

You represent and warrant that you own or have all necessary rights to the Feedback you submit and that your Feedback will not violate the rights of any third party.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to violate applicable laws or regulations, infringe upon intellectual property rights, harass or harm others, transmit false or misleading information, distribute malicious software, engage in fraudulent activity, collect personal information unlawfully, interfere with the security or operation of the Services, or otherwise misuse the Services.

We reserve the right to suspend, disable or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use or enable software or services that take autonomous or semi-autonomous action on behalf of a person or entity ("Agents") to access or interact with the Services.

Agents must comply with applicable laws, these Terms, and any technical requirements or restrictions we establish regarding automated access.

We may limit or prohibit automated access to the Services when necessary to protect the security, availability or integrity of the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in accordance with applicable law if you violate these Terms or misuse the Services.

Provisions that by their nature should survive termination will continue to apply following termination, including provisions relating to intellectual property, disclaimers, limitations of liability and governing law.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general informational purposes.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AURIA AND ITS AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Auria and its affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims arising from your material breach of these Terms, violation of applicable law, or infringement of the rights of a third party.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the unenforceable portion shall be severed and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and the policies referenced herein constitute the agreement between you and Auria regarding your use of the Services, except as otherwise required by applicable law.

SECTION 21 - ASSIGNMENT

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

We may transfer or assign our rights and obligations under these Terms as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable federal law and the laws of the state in which Auria is headquartered, without regard to conflict-of-law principles.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service on our website.

We reserve the right to update or change these Terms by posting the revised Terms on our website.

Where required by applicable law, we will provide notice of material changes. Your continued use of the Services after revised Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

Auria
hello@shoptheauria.com