Terms of service
OVERVIEW
Welcome to Aura Del Cielo! The terms “we”, “us” and “our” refer to Aura Del Cielo. We operate this store and website, providing curated jewelry shopping experience (the “Services”) powered by Shopify. These Terms of Service (“Terms”) govern your rights and responsibilities when using our Services, including important legal rights, warranty disclaimers and liability limitations.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our Services.
SECTION 1
ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm you are of legal age in your jurisdiction, and consent to minor dependents using the Services on your devices.
To use the Services (browse/purchase products), you may need to provide email, billing, payment and shipping information. You warrant all provided information is accurate, current and complete, and you hold all necessary rights to submit it.
You are solely responsible for your account credentials security and all account activity. Account transfer, sale, assignment or licensing to third parties is prohibited.
SECTION 2
OUR PRODUCTS
We strive to accurately represent our jewelry products, but color/appearance may vary due to your device type and settings. We do not warrant product appearance/quality will meet your expectations or match store depictions.
Product descriptions may be updated or discontinued at our sole discretion without notice. We reserve the right to limit product quantities for any person, region or jurisdiction.
SECTION 3
ORDERS
Placing an order constitutes an offer to purchase. Aura Del Cielo reserves the right to accept/decline orders for any reason. Your order is only accepted after we confirm approval and process payment. Please review orders carefully; cancellation requests may not be accommodated post-acceptance. We will notify you via your order contact details if we reject, modify or cancel your order.
Purchases are subject to return/exchange per our Refund Policy. You warrant purchases are for personal/household use only, not commercial resale or export.
SECTION 4
PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price at order placement applies, as stated in your order confirmation email. Posted prices exclude taxes, shipping, handling, customs and import charges unless expressly stated.
Online store prices may differ from physical/third-party store prices. Promotional terms govern over these Terms in case of conflict.
You agree to provide accurate purchase/payment/account information, and update it promptly to complete transactions and enable communication. You warrant your credit card information is valid, you are authorized to use it, charges will be honored, and you will pay all applicable fees (including shipping, taxes and handling).
SECTION 5
SHIPPING AND DELIVERY
We are not liable for shipping/delivery delays; all delivery times are estimates only, not guaranteed. Delays caused by carriers, customs or force majeure are beyond our control. Title and risk of loss transfer to you once products are handed to the shipping carrier.
SECTION 6
INTELLECTUAL PROPERTY
All content on our Services (trademarks, text, images, graphics, product reviews, video, audio and their arrangement) is owned by Aura Del Cielo, its affiliates or licensors, protected by U.S. and international intellectual property laws.
You may only use the Services for personal non-commercial use. Unauthorized reproduction, distribution, modification, display, download or transmission of any material is prohibited without our prior written consent. No license to our intellectual property is granted herein, and unauthorized use may violate applicable laws.
Aura Del Cielo’s names, logos, product/service names, designs and slogans are our trademarks; unauthorized use is prohibited. Shopify and third-party trademarks are the property of their respective owners.
SECTION 7
OPTIONAL TOOLS
We may provide access to third-party customer tools, which we do not monitor, control or endorse. Such tools are provided “as is” and “as available” without any warranties. We bear no liability for your use of third-party tools, which is at your sole risk and discretion. You must review third-party provider terms before use.
New features/tools added to the Services are deemed part of the Services and subject to these Terms.
SECTION 8
THIRD-PARTY LINKS
Our Services may contain links to third-party websites/materials. We are not responsible for third-party content/accuracy, and your access to such sites is at your own risk. We bear no liability for harm/damages related to third-party website access, product/service purchases or use. You must review third-party policies before transacting, and direct all third-party related claims to the relevant provider.
SECTION 9
RELATIONSHIP WITH SHOPIFY
Aura Del Cielo is powered by Shopify. All sales/purchases are made directly with Aura Del Cielo. Shopify is not responsible for any aspect of transactions between you and us, including injury, damage or loss from purchased products/services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from your transactions with us.
SECTION 10
PRIVACY POLICY
All personal information collected via our Services is governed by our Privacy Policy. Shopify also collects/processes your personal information to provide and improve Services. Your information may be transmitted to Shopify and third parties in other jurisdictions. By using our Services, you confirm you have read and agree to our Privacy Policy and Shopify’s Privacy Policy.
SECTION 11
FEEDBACK
If you submit ideas, suggestions, reviews, feedback or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose (including commercial use).
You warrant you own all rights to the Feedback, disclose any compensation for submission, and ensure Feedback complies with these Terms. We have no obligation to keep Feedback confidential, pay compensation or respond to it.
We reserve the right to monitor, edit or remove unlawful, offensive, infringing or objectionable Feedback at our discretion. You warrant Feedback does not violate third-party rights, contain unlawful/obscene content or malware, and you are solely responsible for its accuracy. We accept no liability for Feedback posted by you or third parties.
SECTION 12
ERRORS, INACCURACIES AND OMISSIONS
Our Services may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct errors, update information or cancel orders at any time without prior notice (including post-order submission).
SECTION 13
PROHIBITED USES
You may use the Services for lawful purposes only. You must not: (a) use the Services for unlawful/malicious purposes; (b) violate applicable laws/regulations; (c) infringe intellectual property rights; (d) harass/abuse/defame any person; (e) transmit false information; (f) upload non-compliant material; (g) send spam/solicitations; (h) impersonate others; (i) restrict others’ use of the Services, or engage in conduct that harms Aura Del Cielo/Shopify/users.
Additional prohibitions: (a) upload viruses/malicious code; (b) reproduce/sell/exploit the Services; (c) collect others’ personal information; (d) spam/phish/crawl/scrape; (e) interfere with the Services’ security features. We reserve the right to suspend/disable/terminate your account without notice for Terms violations.
SECTION 14
TERMINATION
We may terminate this agreement or your Services access at our sole discretion without notice. You remain liable for all amounts due up to the termination date.
Sections 6 (Intellectual Property), 11 (Feedback), 14 (Termination), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), 18 (Severability), 19 (Waiver; Entire Agreement), 20 (Assignment), 21 (Governing Law), 10 (Privacy Policy) and survival-by-nature provisions shall remain in effect post-termination.
SECTION 15
DISCLAIMER OF WARRANTIES
Service information is for general purposes only; reliance on it is at your sole risk. We disclaim liability for any reliance on such information.
EXCEPT AS EXPRESSLY STATED, THE SERVICES AND ALL JEWELRY PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS/IMPLIED WARRANTIES (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT). We do not guarantee uninterrupted, error-free or secure Service use. Some jurisdictions limit warranty disclaimers, so this provision may not fully apply to you.
SECTION 16
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Aura Del Cielo, its partners, directors, officers, employees, affiliates, agents, contractors, licensors, and Shopify and its affiliates, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, REPLACEMENT COSTS) ARISING FROM YOUR USE OF THE SERVICES/PRODUCTS, WHETHER BASED IN CONTRACT, TORT (NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aura Del Cielo, Shopify, and their affiliates, officers, directors, employees, agents, contractors and licensors from all losses, damages, liabilities, claims and reasonable attorneys’ fees arising from: (1) your breach of these Terms; (2) your violation of applicable laws/third-party rights; (3) your access/use of the Services.
We will notify you of indemnifiable claims (failure to notify shall not relieve your obligations unless materially prejudiced). We may control claim defense/settlement at your expense, and you shall cooperate in the defense process.
SECTION 18
SEVERABILITY
If any provision of these Terms is deemed unlawful, void or unenforceable, it shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed. This determination shall not affect the validity of remaining provisions.
SECTION 19
WAIVER; ENTIRE AGREEMENT
Our failure to exercise/enforce any right/provision shall not constitute a waiver.
These Terms, together with our posted policies/rules, constitute the entire agreement between you and us, superseding all prior oral/written agreements/communications. Ambiguities in interpretation shall not be construed against the drafting party.
SECTION 20
ASSIGNMENT
You may not transfer, assign or delegate this Agreement or any rights/obligations without our prior written consent (any attempt is null and void). We may assign/transfer these Terms and our rights/obligations without notice or consent.
SECTION 21
GOVERNING LAW
These Terms and all related service agreements shall be governed by and construed in accordance with the laws of the jurisdiction where Aura Del Cielo is headquartered. You and we consent to venue and personal jurisdiction in the federal/state/territorial courts of that jurisdiction.
SECTION 22
HEADINGS
Headings are for convenience only and shall not limit or modify these Terms.
SECTION 23
CHANGES TO TERMS OF SERVICE
You may review the latest Terms on this page at any time. We reserve the right to update/change/replace any Terms portion by posting updates on our website. It is your responsibility to check for changes periodically. Material changes will be notified per applicable law and take effect on the specified date. Your continued use of the Services post-changes constitutes acceptance of the updated Terms.
SECTION 24
CONTACT INFORMATION
Questions about these Terms may be sent to: adcmanage25@gmail.com