Terms of service
Overview
Welcome to Aura Pearl. The terms "we", "us" and "our" refer to Aura Pearl. Trade name: AuraPear. Aura Pearl 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"). Aura Pearl 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, available at https://aurapearljewelry.com/policies/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 that you have given us your consent to allow any 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 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 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 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, colors, scale, pearl appearance, or product appearance may differ from how they appear on your screen because of the device, screen settings, lighting, photography, and natural variation in materials.
Freshwater Pearl and Baroque Freshwater Pearl pieces may vary naturally in shape, surface, tone, and luster. Product photos show the design and general appearance, and each piece may have its own natural details.
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. Aura Pearl reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Aura Pearl confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Aura Pearl may be unable to accommodate cancellation requests after an order is accepted or processed. If 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 return or exchange solely in accordance with our 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 taxes, shipping, handling, customs, or import charges.
Prices may differ from prices offered through third-party channels or promotions. We may offer promotions through the Services from time to time, and those promotions may be 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 through our store. 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 the credit card or payment information you provide is true, correct, and complete; that you are duly authorized to use the payment method for the purchase; that charges incurred by you will be honored by your payment provider; and that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Section 5 - Shipping And Delivery
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, delivery-area conditions, weather, high-volume periods, or events outside our control.
Shipping, tracking, duties, import taxes, and delivery information are described in our Shipping Policy.
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 Aura Pearl, its affiliates, or licensors and are protected by applicable 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 any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Aura Pearl, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by Aura Pearl.
Aura Pearl's names, logos, product and service names, designs, and slogans are trademarks of Aura Pearl or its affiliates or licensors. You must not use such trademarks without the prior written permission of Aura Pearl. 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 the 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 control.
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.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. 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, including the release of new tools and resources. Such new features shall also 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 any third-party materials or websites you choose to access. If you decide to leave the Services to access these 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 of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review third-party policies and practices carefully before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
Section 9 - Relationship With Shopify
Aura Pearl 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 Aura Pearl. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Aura Pearl, including any injury, damage, or loss resulting from purchased products and services. You hereby release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Aura Pearl to the extent permitted by applicable law.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at https://aurapearljewelry.com/policies/privacy-policy. Certain personal information may also be subject to Shopify's Privacy Policy. 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 about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may 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 services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to all Feedback, that you have disclosed any compensation or incentives received in connection with your submission of Feedback, and that your Feedback will comply with these Terms.
We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, otherwise objectionable, or in violation of 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 unlawful, abusive, obscene, false, misleading, or malicious content, or any computer virus or other malware that could 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.
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 prior notice, including after you have submitted your order.
Section 13 - Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
- for any unlawful or malicious purpose;
- to violate any international, federal, provincial, state, or local law, rule, or regulation;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
- to transmit false or misleading information;
- to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
- to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitation;
- to impersonate or attempt to impersonate any other person or entity; or
- to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm Aura Pearl, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; collect or track the personal information of others; spam, phish, pharm, or pretext the Services; use robots, spiders, scraping tools, data gathering and extraction tools, automated processes, AI tools, or manual means to access the Services in a way that violates these Terms; or interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Section 14 - Agents
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct supervision.
No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
Agents must identify that requests are from an Agent, disclose the name of the Agent in the request's user agent string where technically applicable, not conceal or obfuscate that access or interactions are from an Agent, respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or computer, and not circumvent any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
Section 15 - Termination
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 16 - Disclaimer Of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.
Except as expressly stated by Aura Pearl, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent, or 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 17 - Limitation Of Liability
To the fullest extent permitted by applicable law, in no case shall Aura Pearl, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, or Shopify's affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, strict liability, or otherwise, arising from your use of the Services or any products procured using the Services.
This limitation also applies to any claim related to your use of the Services or any product, including any errors or omissions in content, or any loss or damage 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 18 - Indemnification
You agree to indemnify, defend, and hold harmless Aura Pearl, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, your violation of any law or the rights of a third party, or your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.
Section 19 - Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such 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 shall not affect the validity and enforceability of any other remaining provisions.
Section 20 - 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 to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including prior versions of these Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21 - Assignment
You may not delegate, transfer, or assign 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 22 - Applicable Law
These Terms of Service and any separate agreements whereby we provide you Services apply and will be interpreted to the extent permitted by applicable law. Nothing in these Terms limits any rights that cannot be limited under applicable law.
Section 23 - Headings
The headings used in this agreement 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 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 to 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 be effective on the date specified in the notice. Your 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 25 - Contact Information
Questions about these Terms of Service should be sent to us at aurapearlshop@gmail.com.
Our contact information is:
- Brand/store name: Aura Pearl
- Trade name: AuraPear
- Email: aurapearlshop@gmail.com
- Phone: +852 51722034
- Business mailing address: 300 Lockhart Road, Flat/Rm A, 12/F, ZJ 300, Wan Chai, Hong Kong SAR