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 45 days
4. Prices and Payment Terms.
5. Shipments; Delivery; Title and Risk of Loss.
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 45 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://help.auraframes.com/hc/en-us/articles/218405028-Aura-s-Return-Policy.
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://HELP.AURAFRAMES.COM/HC/EN-US/ARTICLES/218347598-AURA-S-WARRANTY-POLICY.COM/.
FOR ASSISTANCE WITH A DEFECTIVE FRAME DISPLAY, PLEASE VISIT OUR WEBSITE AT HTTPS://HELP.AURAFRAMES.COM/HC/EN-US/ARTICLES/360049921474-DEFECTIVE-FRAME-DISPLAY.
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 REPLACEMENT OR REFUND. WE WILL, IN OUR SOLE DISCRETION EITHER: (i) REPLACE SUCH PRODUCTS FREE OF CHARGE OR (ii) REFUND THE PURCHASE PRICE OF SUCH PRODUCTS. WE WILL ALSO PAY FOR SHIPPING AND HANDLING FEES TO RETURN 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.
TO RETURN PRODUCTS PURCHASED FROM THE SITE, CONTACT OUR RETURN CENTER AT HTTPS://AURAFRAMES.RETURNLY.COM/ DURING THE 45-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.
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.
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.
15. Dispute Resolution and Binding Arbitration.
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.
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.