TERMS AND CONDITIONS OF SALE
Effective as of: November 2021
Last Updated Date: November 2021
1. GENERAL PROVISIONS
1.1. These terms and conditions of sale ("Sale Terms") describe the terms of which AURETA, LLC ("Aureta"), a limited liability company under the laws of Delaware, United States, registered with Agents and Corporations, inc. under the unique identification number 3052980, with registered office at 1201 Orange Street, Suite 600, Wilmington, DE 19801. These Sale Terms cover Aureta ("we", "our", "us") selling and a customer ("you") purchasing Aureta products ("Products") through the Vane website www.vanestudios.com ("Site").
1.2. These Sale Terms shall apply to all contracts for sale of Aureta products to you through the Site ("Contract"). The sale of Products through these Sale Terms shall only apply to end customers, who are natural persons who use the Site for purposes of personal consumption (i.e., extraneous to their business, craft, trade, and profession, and not for profit), who have reached the age of majority and have full legal capacity to enter into a Contract in their country where they are accessing the Site.
1.5. We reserve the right to update or amend any part of these Sale Terms as necessary, without notice, and it shall apply to any future orders placed with us and through the Site, when ordering Products. This page will always display the most current version (see Last Updated Date) of the Site's Sale Terms
2. PRODUCTS INFORMATION AND AVAILABILITY
2.1. Details concerning Product information (including Product codes, pricing, color, sizing) and availability are all available through our Site. A selection of our Products may be exclusively available online through our Site, while others may not be available or legally sold online.
2.2. While we have made every effort to accurately represent the Products displayed on our Site through the use of pictures or videos ("Multimedia"), they are for illustrative purposes only and we cannot guarantee that the device you are viewing our Site accurately reflects our Products. For example, the fabric texture, color, shade, grain, etc. of the Products displayed on your device's screen may vary slightly from those of the actual Product. Therefore, we advise you to rely primarily on the written Product description, included in the Product information, on the Site.
2.3. In our sole discretion, we reserve the right to limit the quantities and / or types of Products available on the Site and sold to you. These restrictions may include orders placed under the same account, using the same payment method, and / or orders that use the same shipping / billing address.
2.4. In our discretion, we reserve the right to change or discontinue a Product, or any of its characteristics, as described through the Site, as necessary without notice. This does not apply to orders already placed and confirmed (through email) at the time of this change. If this change has been made during the purchasing process, we will inform you via the Site that your order cannot be completed due to the unavailability of the ordered Products.
2.5. In the event that your connection to the Site fails and the Products selected are lost, you shall re-select the Products you wish to order. Please note that the Products in your Shopping Bag are not reserved until the order is completed, and therefore may be purchased by other customers. In no scenario shall we be liable to you for the unavailability of a Product following a loss or failure of your connection to the Site. If a Product is no longer available, you may contact us at email@example.com to inquire for re-stock options.
3. PRODUCT PRICES
3.1. Product prices are indicated for each Product on the Site in USD / Euro (depending on your selection) and are inclusive of all applicable sales tax and VAT. Product prices do not include any charges for shipping, which shall be added to the Product price and displayed to you during Checkout. You must then confirm your order with the total price (Product price and shipping price) before your order is completed.
3.2 While we have made every effort to accurately ensure all Product prices displayed on the Site are correct, if an error has occurred (i.e., a Product is priced inaccurately due to an incorrect price or typographical error in the price displayed in the Site), in our discretion we will (i) contact you immediately and ask whether you wish to purchase the Product at the correct price, or (ii) cancel the order or terminate the Contract (based on when the error was detected) and immediately notify you of such cancellation or termination.
3.2. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case we will, at our discretion, (i) cancel the order or terminate the Contract (depending on when the error is detected) and notify you of such cancellation or termination, or (ii) contact you and ask you whether you wish to purchase the Product at the correct price.
3.3 In our discretion, we reserve the right to change and Product price at any time and without notice. These changes will be reflected immediately on the Site. This does not apply to orders already placed and confirmed (through email) at the time of this change.
4. PLACING AN ORDER, FORMING THE CONTRACT
4.1. Product information and their prices included on the Site do not represent an offer by Aureta.
4.2. In order to purchase Products through our Site, you must follow the instructions of the online Checkout process ("Checkout"):
Select the Products you wish to purchase (subject to the restrictions set forth in Article 2) and place them in your Shopping Bag.
Proceed to Checkout and fill in the requested information (name, address, email, telephone number, shipping / billing address)
Select your desired Payment Method and fill in the requested information (for example, if paying through credit / debit card: card number, expiration date, card verification code (CVC)).
Read and accept these Sale Terms
Read and accept the Terms and Conditions of Use
Complete your order through the Site (follow any final instructions on the Site). Please review your selected Products, total price, and provided information. Correct any errors before completing and submitting your order.
4.3. Your finalized order constitutes an offer Contract to purchase from us the selected Products, following these Sale Terms and by placing your order, you have agreed to pay the listed price for these ordered Products.
4.4. All placed orders by you are subject to our final acceptance. Following the submission of your order, we will acknowledge and confirm receipt by email ("Order Confirmation"); however, this does not mean your order has been accepted. It our discretion to choose not to accept your order, in part or in whole, without liability to you. Examples where your order may not be accepted are as follows:
Products selected are not available; or
You do not comply with the eligibility conditions set forth in Section 1.3; or
Your payment information has not been authorized / accepted; or
There is an error in the Product price displayed on the Site; or
The shipping address you provided is not a valid address; or
You have not abided by or fulfilled prior contracts entered into with us; or
You are involved in suspected or reported fraudulent, unauthorized, or illegal activities, including suspected purchases for commercial purposes (see Section 1.2).
4.5. Once you have received an email notification for Aureta confirming shipment of your order ("Order Acceptance"), the Contract between Aureta and you has been officially formed. You will receive an email notification if your order has been rejected ("Order Rejection"). The email shall be sent to the email address you provided when completing your purchase order.
4.6. All details of your accepted orders are found in "My Studio Account" --> "My Orders" on the Site.
4.7. We will contact you immediately through the email provided when completing your purchase order, in case of unavailability of any ordered Products. In this case, the order will be partially cancelled and you shall only the price of the available Product(s). We apologize for the inconvenience.
4.8. The Order Confirmation and Order Acceptance will include information regarding your placed order (order number, price paid, shipping address, and basic information on the purchased Products). Once you receive the Order Acceptance, you may no longer modify or cancel your order. Dispatched Products may be returned or exchanged as set out in Article 8.
4.9. Products subject to pre-order ("Pre-Order Products"), are available to purchase from the Site prior to becoming for full release. In these cases, the thirty (30) days delivery terms and conditions set forth in Section 6.4. are not applicable. For all Pre-Order Products, the expected shipping date will be displayed adjacent to these Products on the Site and communicated again via the Order Acceptance. We will not be held liable for any changes to the expected shipping dates of Pre-Order Products, which may be a result of global shipping issues, manufacturing blockage, etc.
5.1. As per the Contract set forth following the Order Acceptance, you must pay the price of the Products (this price includes applicable VAT or sales taxes), the price of any additional services your ordered (e.g., costs related to personalization of Products), and the price associated to any shipping charges (e.g., expedited shipping).
5.2. We accept payment methods in the currency specified for the country of the shipping address and the payment method chosen during Checkout.
5.3. We will not debit the amount of your order until the following steps are completed:
We have confirmed availability of the Products included in your order; and
We have received authorization to debit your card / payment method from the card issuer / payment method or your PayPal account. This depends on the payment method chosen when placing your order; and
Your payment method (including your debit / card data) or your PayPal account, has been verified; and
We have set you the Order Acceptance to the email address you provided when placing your order.
If your payment information cannot be processed for any reason, we will cancer your order through an Order Rejection email, and our Contract with you is immediately terminated, without any liability to you.
5.4. You are responsible for any and all charges and fees that may be applied by your card issues / bank / other payment institution due to the payment processing of your order through our Site.
5.6. You will be sent an electronic invoice ("E-Invoice") for each order that has been placed with Aureta. As per the Contract set forth in Section 4.3., you agree to and for receiving such forms of E-Invoices. E-Invoices are created based on the information provided to us by you during the time of Checkout. No alterations to the E-Invoice are possible once the E-Invoice have been sent to you.
5.7. For all Pre-Order Products, payment shall not be processed at the time of reserving said Pre-Order Products, but only once the Pre-Order Product is available and has shipped (confirmed via the Order Acceptance email). Pre-Ordered Products may be cancelled before you receive the Order Acceptance.
6. SHIPPING AND DELIVERY
6.1. The purchased Products will be delivered following our Shipping Policy. Purchased Products will be shipped only once we receive your payment in full and following the requirements set forth in Section in 5.3. If we do not receive your payment in full or fulfill the requirements set out in Section 5.3. for whatever reason, we have the right to delay or refuse shipping your Product without any liability to you.
6.2. It is our discretion to select the courier service ("Courier") to deliver your purchased Products, to the indicated shipping address during Checkout. We are not liable for any delivery issues that are a result of inaccurate or incomplete shipping address details that were provided by you during Checkout. We will not deliver our Products to PO Boxes or addresses of freight forwarders.
6.3. It is Aureta's responsibility to take all reasonable steps to ship and deliver the purchased Products within the estimated periods communicated to you during Checkout before your confirm your order and in the Order Acceptance. We will not be held liable of delayed delivery times in cases of unforeseeable events or of major events that are beyond our reasonable control, such as the COVID-19 pandemic. If you do not receive the delivery within thirty (30) days of the Order Acceptance, you have the option to cancel our Contract and we will refund you the cost of your purchased Products. We will refund you within fourteen (14) days from the date we have confirmed the cancel of your Contract.
6.4. Once the Products have been delivered to your specified shipping address by the Courier, you (or a person delegated by you), are required to:
Ensure the number of packages delivered match the number specified on the Order Acceptance email; and
Ensure the sealed packages delivered are undamaged, dry, intact, and are not affected in any way; and
If requested by the Courier, sign the delivery receipt; and
If requested by the Courier, show a valid ID.
Any damages to the packages and / or Products, and inconsistencies in the number of packages received or invoice documentation must be notified in writing to the Courier immediately. To the extent permitted under applicable laws, once the Courier's delivery receipt has been signed, you may no longer make a claim regarding damages to packages and inconsistencies in the number of packages received.
6.5. If you wish to track the status of your shipment, please visit the tracking link included in the Order Acceptance or visit "My Studio Account" anytime.
7. TITLE AND RISK
7.1. The Title of the Products shall pass to you the date in which the purchased Products have been delivered to your specified shipping address.
7.2. The Risk of damage to, destruction of, loss off the purchased Products shall pass to you when your (or a person delegated by you, other than the Carrier) obtain physical possession of the Products at your specified shipping address provided by you during Checkout.
8. RIGHT OF RETURNS
8.1. You have the right to return any of your purchased Products for any reason within fourteen (14) days from the date in which you (or a person delegated by you) obtain physical possession of the Products ordered, or in the case of multiple packages delivered under the same order, the last package delivered, to your specified shipping address. This does not apply to orders of personalized Products or for Products that are not eligible for return. These such Products will be labelled as non-returnable ("Non-Returnable Products"), in accordance with applicable laws, at the time of placing your Product in the Shopping Bag and again before completing your Order. For more information on Non-Returnable Products, see our Returns and Exchanges Policy.
8.2. To exercise your right of returns, you must inform us of your decision to return the purchased Product within the period of time mentioned in Section 8.1. Once we have processed your return, you will receive a confirmation email ("Return Acceptance"). The following methods of communication are accepted:
Via an online form on "My Studio Account" --> "Refunds and Exchanges" on the Site.
Via email: firstname.lastname@example.org. You must include the purchased Products you wish to return and your order number.
8.3. Products indicated for return must be shipped back to us (as evidenced by the shipping date), to the indicated shipping address in the Return Acceptance, within fourteen (14) days from the date in which you (or a person delegated by you) obtain physical possession of the Products ordered, in accordance with section 8.3 and the instructions set out in our Returns and Exchanges Policy.
8.5. Products shall be returned in their original condition, unused, unaltered, and undamaged, in their original package, and with the original Aureta Studio tags and labels attached, along with any related accessories, documents (e.g., Product certificates), and protective covers that were included in the original packaging. All returned Products will be inspected before any refund is processed and returned or before any exchange is granted. Returns or exchanges of incomplete, worn, altered, damaged Products will not be accepted and will returned back to you.
8.6. In regards of a Return Acceptance, all costs paid by you for the purchased Products will be refunded to you within fourteen (14) calendar days from the date we have received your returned Products. The refund will not include any shipping fees that were included in the final cost listed of the purchased Products during Checkout. We will refund you using the same payment method that you provided during Checkout of your initial order. You are responsible for the shipping costs of returning your Products.
8.7. If a returned Product does not meet our requirements set forth in Article 8 ("Return Rejection"), we will send back the Products to the address listed in the online Return Form, or in the case that the address in this online Form is not valid, the Products will be sent to the shipping address provided by you during Checkout. This return will occur within fourteen (14) calendar days from the date you received documentation of the Return Rejection, unless in cases of force events or unforeseeable circumstances occur, see Section 6.3. In the case of Return Rejection, you will not be refunded for these returned Products.
8.8. The provisions set forth in Article 8 will apply in addition to our Returns and Exchanges Policy.
9. RIGHT OF EXCHANGES
9.1. We accept exchanges of purchased Products on the Site within fourteen (14) days following the date of delivery of your Products, to your indicated shipping address during Checkout, in accordance to the instructions set out in our Returns and Exchanges Policy. This will be without prejudice to your statutory rights following Articles 8 and 10, and with the exception of all Non-Returnable Products and personalized Products. These such Products will be labelled as non-returnable ("Non-Returnable Products"), in accordance with applicable laws, at the time of placing your Product in the Shopping Bag and again before completing your Order. For more information on Non-Returnable Products, see our Returns and Exchanges Policy.
9.2. Exchanges are only applicable for the same Product (same price) in a different size or color. If you would rather receive a different Product or the same Product (different price - some color schemes are priced differently), please return your Product for a refund following Article 8, and place a new online order using the Site for the desired Product. All exchanges are dependent on the availability of the new Product requested. Products may only be exchanged once.
9.3. To exercise your right of exchanges, you must inform us of your decision to exchange the purchased Product within the period of time mentioned in Section 9.1. Once we have processed your exchange, you will receive a confirmation email ("Exchange Acceptance"). The following methods of communication are accepted:
Via an online form on "My Studio Account" --> "Refunds and Exchanges" on the Site.
Via email: email@example.com. You must include the purchased Products you wish to exchange, your exchange requests (new size / color) and your order number.
9.4. We reserve the right to reject any returned Products and refuse exchange ("Exchange Rejection") if any of the exchanged Products do not meet the requirements set forth in Section 8.5.
9.5. Products indicated for exchange must be shipped back to us (as evidenced by the shipping date), to the indicated shipping address in the Exchange Acceptance, within fourteen (14) days from the date in which you (or a person delegated by you) obtain physical possession of the Products ordered, in accordance with section 8.3 and the instructions set out in our Returns and Exchanges Policy.
9.6. You are responsible for the shipping costs of exchanging your Products, and any other fees or charges incurred as a result of exercising your right of exchange, in accordance with Article 9, unless the Products are defective or faulty, which must be indicated in our online Exchange form or email communication and supported by Multimedia.
10. MANUFACTURING DEFECTS
10.1. If any our Products sold by us through the Site has manufacturing defects, is not as described in the Product description, or is incomplete in any fashion, please contact us immediately by emailing us at firstname.lastname@example.org. You must notify us of the identified manufacturing defect within 72 hours of receiving you Product, for it to be considered under warranty (See Section 10.2).
10.2. We provide a warranty for any lack of conformity observed in our Products, in terms of replacement of the Product or repair of the manufacturing defect, depending on the size and severity of the defect, free of charge including shipping and delivery costs. You must notify us of the identified manufacturing defect within 72 hours of receiving you Product, for it to be considered under warranty.
10.3. Damage, modification, or alteration to the Products caused by you or as a result of your actions do not constitute a defect or lack of conformity. This may include, but is not limited to, extensive use or wear, normal wear and tear, improper use (direct exposure to extensive heat, light, chemicals, food), improper care (not following the instructions listed in the care and cleaning instructions), are not defects or a lack of conformity. Characteristics that are inherent to the Product are also not considered defects, which include natural markings and irregularities in the texture or fabric (i.e. denim or leather).
Personal injury or death resulting from AURETA STUDIO's negligence; or
Breach of obligations implied by applicable consumer protection laws; or
Fraudulent misrepresentation or fraud; or
And other cause of action that cannot be limited or excluded under applicable law.
11.2. Subject to the above, AURETA STUDIO's aggregate liability shall be restricted solely to direct damages caused by our breach that you suffer with regards to al claims and causes of action, arising under or inn connection with these General Terms and each Contact, and shall in no event surpass the price of the Product(s) purchased by you on the Website, as per your Contract. We are not liable for loss or damage that we or you could not reasonable have foreseen at the time you accept these General Terms. Additionally, we shall not be liable to you for any indirect damages.
11.3. We are not responsible for any failure or delay to perform any of our obligations under these General Terms, if said failure or delay is a result of a force or major event or an even that arises from any cause that is beyond our reasonable control.
12. GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
12.1. We guarantee the authenticity of all AURETA STUDIO Products purchased through our Website and authorized third-party sites.
12.2. AURETA STUDIO trademarks, both figuratively and not, brand names, logos, service and all other marks, used on the Products, accompanying accessories and/or on the packaging, whether registered or not, together including and with all illustrations, images, photographs related to the Products, business or trade names, domain names and URLs are and continue to remain the exclusive property of AURETA STUDIO LLC (a limited liability company under the laws of Delaware, United States, registered with Agents and Corporations, inc. under the unique identification number 3052980), and are protected by all applicable copyright, trademark, or other intellectual property laws around the world. AURETA STUDIO reserves all such rights.
13. SPECIAL OFFERS AND PROMOTIONS
13.1. From time to time, we may offer you special offers or promotions, of which the terms of said special offers and promotions will be detailed and specified on our Website. Terms may include but are not limited to minimum order value, promotional offer, start and end date of promotional offers. Promotions and offers shall only be used in singularity and therefore may not be used in conjunction with other promotions or offers. To receive the discount or apply the promotional offer to your Product(s) during Checkout, you must place your order during the specified promotional offer date range and use the special offer code provided to you at the time of checkout.
13.2. We reserve the right to (i) end said promotional or special offer earlier than the specified end date and reject the promotional code prior to you placing and confirming your order, and to (ii) refuse participation in the promotional or special offer if we believe to have reason to do so (for example, if we suspect you of acting fraudulently).
14. APPLICABLE LAW AND JURISDICTION
14.1. These General Sale Terms and, therefore, each Contract entered into with you, shall be governed by and will be interpreted in accordance with the laws of United States of America.
14.2. Any disputes related to and / or arising out of these General Sale Terms and the Contracts shall be submitted to the jurisdiction of the competent courts. In the event that a dispute has not been resolved between us, you are within your right to turn not a mediator to amicably solve the dispute.
15. CONTACT US
15.1. For further information and assistance, please contact us through:
Postage: 221 ROSEDALE AVENUE WAYNE, PENNSYLVANIA 19087, United States OF AMERICA
Telephone: +1 (610) 551-3671
Contact Form on our Website