Terms and Conditions of Sale

1.  BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE AURA HOME, INC. (“AURA HOME”) WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE (THESE “TERMS”) LOCATED AT HTTPS://AURAFRAMES.COM/TERMS-OF-SALE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF: (i) AT LEAST 16 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH AURA HOME, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms apply to the purchase and sale of products and services through https://auraframes.com/ (the “Site”). These Terms are subject to change by Aura Home (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

2.  Website. The Site is operated by Aura Home. Certain features of the Site are provided by and hosted by Shopify Inc., which provide us with the online e-commerce platform that allows us to sell our products and services to you. Our Terms of Service, located at https://auraframes.com/terms-of-service, govern your access to and use of the Aura Home websites, our mobile applications, and all other digital and online services provided by Aura (collectively, the “Terms of Services”). Please note your access to and use of the Services is conditioned on your acceptance of and compliance with those Terms of Service. By accessing or using the Services, you agree you are bound by such Terms of Service.

Links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

3.  Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Aura Home and you will not take place unless and until you have received your order confirmation email. You have the option to self-cancel your order within thirty (30) minutes of receipt of your order confirmation email. In the event you cannot self-cancel, you may return your order for refund within 90 days

4.  Prices and Payment Terms.

1. All prices posted on this Site 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. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
2. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards, PayPal and Amazon Pay for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

5.  Shipments; Delivery; Title and Risk of Loss.

1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
2. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

6.  Products. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy further described in Section 7 below. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction, subject to applicable law. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 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. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.

7.  Returns and Refunds. With proof of purchase (e.g. order number, email address of order), we will accept a return of the products for a refund of your purchase price within 90 days of purchase for products purchased from auraframes.com. The original form of payment will be credited back to the original purchaser. We will accept a return of the products for a refund of your purchase price within 30 days for products purchased from our Amazon store at https://www.amazon.com/stores/Aura/page/196C2420-0CCF-48B1-BF2E-7D4ECE956756, provided that you can provide a valid proof and date of purchase. If the frame was a gift, you can provide the Amazon or auraframes.com order ID. Aura Home is unable to offer refunds for products that were purchased directly from a retailer or third party, including eBay. Additional details regarding our return policy can be found at https://auraframes.com/returns.

8.  LIMITED WARRANTY.

ALL AURA HOME PRODUCTS ARE PROTECTED BY A ONE-YEAR (1) WARRANTY COVERING ANY MANUFACTURING OR HARDWARE DEFECTS. THIS WARRANTY DOES NOT COVER FAULTS CAUSED BY ACCIDENT, NEGLECT, MISUSE, OR NORMAL WEAR AND TEAR. WE RESERVE THE RIGHT TO REQUIRE PROOF OF PURCHASE AND TO LIMIT WARRANTY COVERAGE TO THE COUNTRY IN WHICH THE ORIGINAL PURCHASE WAS MADE. THIS WARRANTY APPLIES TO PRODUCTS PURCHASED BOTH FROM AURA HOME DIRECTLY (INCLUDING OUR OFFICIAL AMAZON PAGE) AND THOSE PURCHASED FROM ONE OF OUR AUTHORIZED RESELLERS. WE ARE UNABLE TO OFFER WARRANTY COVER FOR SECOND-HAND PURCHASES, INCLUDING EBAY. ADDITIONAL DETAILS REGARDING OUR LIMITED WARRANTY CAN BE FOUND AT HTTPS://AURAFRAMES.COM/WARRANTY.

WE EXPRESSLY LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO IF YOU RESIDE IN SUCH A STATE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH HEREIN. FOR CONSUMERS LOCATED OUTSIDE THE EUROPEAN UNION, WE WILL, IN OUR SOLE DISCRETION, EITHER: (i) REPLACE SUCH PRODUCTS FREE OF CHARGE OR (ii) REFUND THE PURCHASE PRICE OF SUCH PRODUCTS. THE SOLE-DISCRETION LANGUAGE IN THE PRECEDING SENTENCE DOES NOT APPLY TO EU CONSUMERS; PURSUANT TO DIRECTIVE (EU) 2019/771. EU CONSUMERS HAVE ALL RIGHTS AS SET FORTH IN APPLICABLE LAWS AND REGULATIONS WITHIN JURISDICTIONS SITUATION IN THE EUROPEAN UNION. IN EITHER CASE, AT OUR OPTION, WE MAY ASK THAT YOU RETURN THE DEFECTIVE PRODUCT TO US (AT OUR EXPENSE) OR DISPOSE OF IT YOURSELF. IN THE CASE WHERE WE PROVIDE A REPLACEMENT, WE WILL PAY FOR SHIPPING AND HANDLING EXPENSES ASSOCIATED WITH DELIVERING THE REPLACEMENT PRODUCT TO YOU. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR RESELLERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

EU CONSUMER RIGHTS AND REMEDIES. FOR CONSUMERS LOCATED IN THE EUROPEAN UNION (“EU CONSUMERS”), THE FOLLOWING PROVISIONS APPLY. THE BENEFITS CONFERRED BY AURA HOME’S ONE-YEAR COMMERCIAL WARRANTY ARE IN ADDITION TO, AND DO NOT REPLACE, STATUTORY RIGHTS UNDER APPLICABLE EU AND NATIONAL CONSUMER PROTECTION LAWS AND REGULATIONS. WHERE THESE TERMS CONFLICT WITH THOSE STATUTORY RIGHTS, THE APPLICABLE EU CONSUMER RIGHTS SHALL PREVAIL.

RIGHTS GRANTED BY LEGAL GUARANTEE. EU CONSUMERS BENEFIT FROM A MINIMUM TWO-YEAR (2) LEGAL GUARANTEE OF CONFORMITY UNDER DIRECTIVE (EU) 2019/771, AS TRANSPOSED INTO APPLICABLE NATIONAL LAW. DURING THIS PERIOD, THE CONSUMER IS ONLY REQUIRED TO PROVE THE EXISTENCE OF THE LACK OF CONFORMITY, NOT THE DATE ON WHICH IT APPEARED. THE LEGAL GUARANTEE OF CONFORMITY ENTAILS AN OBLIGATION TO PROVIDE ALL UPDATES NECESSARY TO MAINTAIN THE CONFORMITY OF THE GOODS, WHERE APPLICABLE.

(a) RIGHT TO CHOOSE BETWEEN REPAIR AND REPLACEMENT. EU CONSUMERS HAVE THE RIGHT TO CHOOSE BETWEEN REPAIR AND REPLACEMENT AS THE REMEDY TO BRING GOODS INTO CONFORMITY DURING THE LEGAL GUARANTEE PERIOD. THE LEGAL GUARANTEE OF CONFORMITY GIVES EU CONSUMERS THE RIGHT TO REPAIR OR REPLACEMENT OF THE GOODS, FREE OF CHARGE AND WITHOUT MAJOR INCONVENIENCE. BEFORE PROVIDING A REMEDY, WE WILL INFORM YOU OF: (1) YOUR RIGHT TO CHOOSE BETWEEN REPAIR AND REPLACEMENT; AND (2) THE POSSIBLE EXTENSION OF THE LIABILITY PERIOD BY TWELVE (12) MONTHS IF YOU CHOOSE REPAIR.

(b) REPLACEMENT AS PRIMARY REMEDY; TECHNICAL IMPOSSIBILITY OF COMPONENT-LEVEL REPAIR. WE RECOGNIZE THAT EU CONSUMERS HAVE THE RIGHT TO CHOOSE REPAIR AS THE REMEDY TO BRING GOODS INTO CONFORMITY. WE DO NOT CATEGORICALLY REFUSE TO REPAIR OUR PRODUCTS. HOWEVER, DUE TO THE FOLLOWING TECHNICAL CHARACTERISTICS OF OUR CORE DISPLAY UNITS, COMPONENT-LEVEL REPAIR OF THE CORE DISPLAY ASSEMBLY CANNOT RESTORE THE PRODUCT TO ITS ORIGINAL CONFORMITY: (1) BONDED DISPLAY ARCHITECTURE—THE DISPLAY PANEL, TOUCH SENSOR, AND COVER GLASS ARE OPTICALLY BONDED INTO A SINGLE LAMINATED ASSEMBLY THAT CANNOT BE SEPARATED WITHOUT DESTROYING THE COMPONENTS; (2) INTEGRATED SYSTEM-ON-CHIP DESIGN—THE PROCESSOR, MEMORY, AND WIRELESS MODULES ARE INTEGRATED INTO A UNIFIED SYSTEM THAT DOES NOT PERMIT INDIVIDUAL COMPONENT REPLACEMENT; AND (3) FACTORY CALIBRATION DEPENDENCIES—COLOR ACCURACY, BRIGHTNESS UNIFORMITY, AND TOUCH RESPONSIVENESS ARE CALIBRATED DURING MANUFACTURING UNDER CONDITIONS THAT CANNOT BE REPLICATED IN A REPAIR ENVIRONMENT. THIS IS A PRODUCT-SPECIFIC TECHNICAL DETERMINATION BASED ON OUR ENGINEERING ASSESSMENTS, MANUFACTURING SPECIFICATIONS, AND SUPPLY-CHAIN RECORDS, NOT A GENERAL REFUSAL TO ENGAGE WITH REPAIR. CONSISTENT WITH THESE ASSESSMENTS, WE HAVE DETERMINED THAT REPAIR OF THE CORE DISPLAY ASSEMBLY IS IMPOSSIBLE WITHIN THE MEANING OF ARTICLE 5(1) OF THE RIGHT TO REPAIR DIRECTIVE. ACCORDINGLY, WHILE EU CONSUMERS RETAIN THE RIGHT TO CHOOSE BETWEEN REPAIR AND REPLACEMENT, REPLACEMENT IS THE ONLY REMEDY AVAILABLE FOR THE CORE DISPLAY ASSEMBLY DUE TO THIS TECHNICAL IMPOSSIBILITY. FOR OTHER COMPONENTS AND ACCESSORIES (SUCH AS POWER SUPPLIES, CABLES, AND REMOTE CONTROLS), REPAIR OR REPLACEMENT PARTS MAY BE AVAILABLE AS SET FORTH IN SUBSECTION (j) BELOW.

(c) REPLACEMENT AS DIRECTIVE-COMPLIANT REMEDY. WHERE COMPONENT-LEVEL REPAIR OF THE CORE DISPLAY ASSEMBLY IS IMPOSSIBLE AS DESCRIBED ABOVE, WE OFFER A REPLACEMENT UNIT OF EQUIVALENT OR SUPERIOR PERFORMANCE AND RELIABILITY AS THE DIRECTIVE-COMPLIANT ALTERNATIVE. THIS REPLACEMENT IS PROVIDED PURSUANT TO ARTICLE 5(2)(d) OF THE RIGHT TO REPAIR DIRECTIVE (EU) 2024/1799, WHICH PERMITS MANUFACTURERS TO OFFER A GOOD WHERE REPAIR IS IMPOSSIBLE. THIS REMEDY IS NOT A LIMITATION ON THE CONSUMER’S RIGHTS, BUT RATHER THE COMPLIANT ALTERNATIVE THAT THE DIRECTIVE ITSELF AUTHORIZES WHEN REPAIR CANNOT BE PERFORMED. REPLACEMENTS WILL USE NEW OR PREVIOUSLY USED PARTS EQUIVALENT TO NEW PERFORMANCE AND RELIABILITY.

(d) 12-MONTH GUARANTEE EXTENSION. WHERE REPLACEMENT IS CHOSEN AS THE REMEDY, THE LIABILITY PERIOD SHALL BE EXTENDED ONCE BY 12 MONTHS. ACCORDINGLY, WHERE REPLACEMENT IS PROVIDED AS THE IMPOSSIBILITY-PATHWAY EQUIVALENT IS PERFORMED FOR EU CONSUMERS, THE LEGAL GUARANTEE IS EXTENDED BY 12 MONTHS FROM THE DATE OF DELIVERY OF THE REPLACEMENT GOODS. THIS MANDATORY EXTENSION APPLIES TO ALL SALES CONTRACTS CONCLUDED AFTER 31 JULY 2026 WITHIN THE EU.

(e) PRESERVATION OF EU CONSUMER RIGHTS. PURSUANT TO ARTICLE 14 OF THE RIGHT TO REPAIR DIRECTIVE (EU) 2024/1799, NOTHING IN THESE TERMS OF SALE OR IN ANY ASSOCIATED WARRANTY POLICY SHALL BE CONSTRUED TO LIMIT, EXCLUDE, OR OTHERWISE DIMINISH ANY RIGHTS CONFERRED ON EU CONSUMERS BY APPLICABLE NATIONAL LAW TRANSPOSING THE RIGHT TO REPAIR DIRECTIVE (EU) 2024/1799 OR DIRECTIVE (EU) 2019/771 ON CERTAIN ASPECTS CONCERNING CONTRACTS FOR THE SALE OF GOODS. WHERE ANY PROVISION OF THESE TERMS CONFLICTS WITH THOSE RIGHTS, THE APPLICABLE EU CONSUMER RIGHTS SHALL PREVAIL.

(f) SUSPENSION OF WARRANTY DURING REPLACEMENT. ANY PERIOD OF IMMOBILIZATION OF THE GOODS FOR THE PURPOSE OF REPLACEMENT SUSPENDS THE WARRANTY WHICH REMAINED TO RUN UNTIL DELIVERY OF THE REPLACEMENT GOODS.

(g) STATUTORY RIGHTS INFORMATION. FOR MORE INFORMATION ABOUT YOUR LEGAL RIGHTS UNDER EU AND APPLICABLE NATIONAL CONSUMER PROTECTION LAW, PLEASE VISIT HTTPS://AURAFRAMES.COM/WARRANTY OR CONTACT YOUR LOCAL CONSUMER PROTECTION AUTHORITY.

(j) SPARE PARTS AVAILABILITY. IN ACCORDANCE WITH APPLICABLE ECODESIGN REQUIREMENTS, WE WILL MAKE AVAILABLE SPARE PARTS (INCLUDING INTERNAL POWER SUPPLY, CONNECTORS, CAPACITORS, AND BATTERIES) TO PROFESSIONAL REPAIRERS FOR A MINIMUM PERIOD OF SEVEN (7) YEARS AFTER PLACING THE LAST UNIT OF A PRODUCT MODEL ON THE MARKET. EXTERNAL POWER SUPPLIES AND REMOTE CONTROLS WILL BE MADE AVAILABLE TO BOTH PROFESSIONAL REPAIRERS AND END-USERS FOR THE SAME PERIOD. SPARE PARTS WILL BE DELIVERED WITHIN FIFTEEN (15) WORKING DAYS OF ORDER.

(k) FIRMWARE AND SOFTWARE UPDATES. WE WILL MAKE THE LATEST AVAILABLE VERSION OF THE FIRMWARE AVAILABLE FOR A MINIMUM PERIOD OF EIGHT (8) YEARS AFTER PLACING THE LAST UNIT OF A PRODUCT MODEL ON THE MARKET. SECURITY UPDATES WILL BE PROVIDED FREE OF CHARGE FOR THE SAME PERIOD.

(l) NO IMPEDIMENTS TO REPAIR. WE DO NOT CATEGORICALLY REFUSE TO REPAIR OUR PRODUCTS. WE DO NOT IMPEDE THE USE OF ORIGINAL, SECOND-HAND, COMPATIBLE, OR 3D-PRINTED SPARE PARTS BY INDEPENDENT REPAIRERS WHERE SUCH PARTS COMPLY WITH APPLICABLE PRODUCT SAFETY REQUIREMENTS. WHERE REPAIR OF A SPECIFIC PRODUCT OR COMPONENT IS DETERMINED TO BE IMPOSSIBLE BASED ON TECHNICAL ASSESSMENTS, WE WILL PROVIDE A TRANSPARENT EXPLANATION AND OFFER THE DIRECTIVE-COMPLIANT ALTERNATIVE REMEDY.

(m) INDEPENDENT REPAIR AND WARRANTY. WE WILL NOT REFUSE TO PROVIDE WARRANTY SERVICE FOR THE SOLE REASON THAT A PREVIOUS REPAIR HAS BEEN ATTEMPTED OR ASSESSED BY AN INDEPENDENT REPAIRER OR BY THE CONSUMERS.

(n) REPLACEMENT. WE MAY PROVIDE A REPLACEMENT PRODUCT TO FULFILL OUR OBLIGATION TO REPLACE A NON-CONFORMING PRODUCT AT YOUR REQUEST. TO RETURN PRODUCTS PURCHASED FROM THE SITE, CONTACT OUR RETURN CENTER (LINK) DURING THE 90-DAY RETURN PERIOD. TO RETURN PRODUCTS PURCHASED ON AMAZON, PLEASE ACCESS YOUR AMAZON ACCOUNT, FIND THE AURA FRAME ORDER AND SELECT THE “RETURN PRODUCT” OPTION WITHIN THE 30-DAY RETURN PERIOD.

9.  LIMITATION OF LIABILITY.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. NOTWITHSTANDING THE FOREGOING, FOR EU CONSUMERS, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY MANDATORY CONSUMER PROTECTION LAWS AND REGULATIONS IN THE EU CONSUMER’S COUNTRY OF HABITUAL RESIDENCE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10.  Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").

11.  Intellectual Property Use and Ownership. You acknowledge and agree that Aura Home and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services. You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements.

12.  Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy at https://auraframes.com/privacy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

13.  Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional health or other emergency; and (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within thirty (30) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section 10, either party may thereafter terminate this Agreement upon seven (7) days’ written notice.

14.  Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. Notwithstanding the foregoing, for EU consumers, this choice of law shall not deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the laws and regulations of your country of habitual residence. Mandatory consumer protection laws and regulations shall apply.

15.  Dispute Resolution and Binding Arbitration.

1. YOU AND AURA HOME ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. NOTWITHSTANDING THE FOREGOING, THIS ARBITRATION AGREEMENT SHALL NOT APPLY TO EU CONSUMERS TO THE EXTENT THAT MANDATORY CONSUMER PROTECTION LAWS AND REGULATIONS IN THE EU CONSUMER’S COUNTRY OF HABITUAL RESIDENCE PROVIDES FOR A DIFFERENT DISPUTE RESOLUTION MECHANISM OR PROHIBITS MANDATORY PRE-DISPUTE ARBITRATION AGREEMENTS. EU CONSUMERS MAY BRING CLAIMS BEFORE THE COMPETENT COURTS OF THEIR COUNTRY OF HABITUAL RESIDENCE.
2. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 15. (The AAA Rules are available at adr.org) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
   The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
3. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR AURA HOME WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
   If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

16.  Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

17.  No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Aura Home.

18.  No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

19.  Notices.

1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
2. To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Aura Home, 148 Lafayette Street, Floor 5, New York, NY 10013. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.

20.  Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

21.  Entire Agreement. Our order confirmation, these Terms, any license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Service, our Limited Warranty and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.