Terms of service

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

The Terms and Conditions below, along with any related policies (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as 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 [LINK]. If you do not accept these Terms of Service or this Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you consent to allowing any minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores, 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 information you provide in our stores is correct, current and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You are not permitted to transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen depending on the type of device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as described or shown in our online stores.
All product descriptions 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 to limit the quantities of any product 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. Auralys Boutique reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until Auralys Boutique confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Auralys Boutique may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify, 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 placed.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICING 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 indicated in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling fees, or customs or import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or in other online stores operated by third parties. From time to time we may offer promotions on the Services that may affect pricing and that are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will control.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use that credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Auralys Boutique, its affiliates or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or should be construed as granting you a license or any other rights under any patent, trademark, copyright, or other intellectual property of Auralys Boutique, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved to Auralys Boutique.
Auralys Boutique's names, logos, product and service names, designs and slogans are trademarks of Auralys Boutique or its affiliates or licensors. You may not use these trademarks without the prior written consent of Auralys Boutique. 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 have access to third-party tools made available through the Services that we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations or conditions of any kind and without any endorsement. We accept no liability arising from or related to your use of optional third-party tools.
Your use of any optional tools offered on the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and 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 any embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you choose to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please carefully review third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
Auralys Boutique is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases you make in our Store are made directly with Auralys Boutique. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Auralys Boutique, including any injury, damage, or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Auralys Boutique.

SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and some personal information may be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide the Services. Please see our Privacy Policy [LINK] for more information on how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable and fully royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes. We may, for example, use the rights granted under this license to operate, provide, evaluate, strengthen, improve and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation and will not (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, without obligation to do so, monitor, edit or remove Feedback that we, in our sole discretion, determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit any material that does not comply with these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Auralys Boutique, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to (a) upload or transmit viruses or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we believe you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
Information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such content by you, any other visitor to the Services, or anyone who may be informed of any of its content.
EXCEPT AS EXPRESSLY STATED BY AURALYS BOUTIQUE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AURALYS BOUTIQUE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Auralys Boutique, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorney fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not release you from your obligations unless you suffer material prejudice. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination not affecting the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement whereby we provide you Services shall be governed and construed in accordance with the federal, state and territorial courts in the jurisdiction where Auralys Boutique is based. You and Auralys Boutique agree to submit to the personal and exclusive jurisdiction of such courts.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at support@auralyboutique.com
Our contact information is provided below:
Auraly Boutique
support@auralyboutique.com