Términos del servicio

TERMS OF SERVICE — AURIVA

GENERAL INFORMATION

Welcome to AURIVA! The terms "we", "us", and "our" refer to AURIVA. AURIVA operates this store and website, including all information, content, features, tools, products, and services made available to you, the customer, to offer a curated shopping experience (the "Services"). AURIVA is powered by Shopify, which enables us to provide the Services.

These 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 warranties, 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. If you do not agree with these Terms of Service or Privacy Policy, you should 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 that you have given us your consent to allow any of your 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 required 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 store is accurate, 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 activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible on our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and its settings.

We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be the same as displayed or presented in our online stores.

All product descriptions may be changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time, and we may limit the quantities of any product we offer to any person, geographic region, or jurisdiction.

SECTION 3 — HEALTH AND WELLNESS DISCLAIMER

AURIVA products are wellness and comfort devices intended to support general ear comfort and relaxation. They are not medical devices and are not intended to diagnose, treat, cure, or prevent any disease or medical condition, including but not limited to ear infections, tinnitus, or hearing-related conditions.

The information provided through our Services, including product descriptions, customer testimonials, and any content on our website, is for general informational purposes only and is not a substitute for professional medical advice. Always consult a qualified healthcare provider before using any wellness product, particularly if you have a pre-existing condition, are pregnant, or are experiencing pain or symptoms.

Individual results may vary. Customer testimonials reflect personal experiences and do not constitute a guarantee of any specific outcome. By purchasing and using AURIVA products, you acknowledge that you use them at your own discretion and risk.

SECTION 4 — ORDERS

When you place an order, you are making an offer to purchase. AURIVA reserves the right to accept or reject your order for any reason, at our sole discretion. Your order will not be accepted until AURIVA confirms acceptance. We must receive and process your payment before accepting your order. You should review your orders carefully before completing your purchase, as AURIVA may be unable to process a cancellation request after an order is accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email, billing address, or phone number you provided at the time the order was placed.

You may return or make changes to your purchase only in accordance with our Refund Policy.

You represent and warrant that your purchase is for your own personal or household use and not for commercial resale or export.

SECTION 5 — 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 stated in the order confirmation email sent to you. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online stores may differ from prices offered in physical stores or other 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 terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

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 such credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 6 — SHIPPING AND DELIVERY

We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the carrier, customs processing, or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 7 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos, and audio, and the design, selection, and arrangement thereof, are owned by AURIVA, its affiliates, or licensors, and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.

These Terms allow 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 you a license or other rights under any patent, trademark, copyright, or other intellectual property of AURIVA, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by AURIVA.

The names, logos, product and service names, designs, and slogans of AURIVA are trademarks of AURIVA or its affiliates or licensors. You must not use such trademarks without AURIVA's prior written permission. The name, logo, product and service names, designs, and slogans of Shopify 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 8 — OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control or input over.

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 any endorsement. We will have no liability arising from or relating to your use of optional third-party tools.

Any use you make of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features will also be subject to these Terms of Service.

SECTION 9 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party material or website you choose to access. If you choose to leave the Services to access third-party materials or sites, you do so at your own risk.

We will not be liable for any harm or damages related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please review the policies and practices of the third party carefully 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 third party.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

AURIVA operates using Shopify's technology, which enables us to provide the Services. However, any sale or purchase you make in our store is made directly with AURIVA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and AURIVA, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchase and transaction with AURIVA.

SECTION 11 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country other than where you reside, in order to provide the Services. Please review our Privacy Policy for more information on how we, Shopify, and our partners use your personal information.

SECTION 12 — COMMENTS AND FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, 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 also represent and warrant that: (i) you own or have all necessary rights to all feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your feedback; and (iii) your feedback complies with these Terms. We have no obligation to (1) maintain the confidentiality of your feedback; (2) pay compensation for your feedback; or (3) respond to your feedback.

We may, but are not obligated to, monitor, edit, or remove comments that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party's intellectual property or these Terms of Service.

You agree that your feedback will not infringe any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary right. 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 13 — 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 14 — 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 or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm anyone; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, or pretext; or (i) to interfere with or circumvent the security features of 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 15 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at 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 survive any termination: Intellectual Property, Comments and 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 16 — DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

UNLESS EXPRESSLY STATED BY AURIVA, 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, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AURIVA, 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 ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AURIVA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorneys' fees, payable to any third party due to or arising from (1) your breach of these Terms of Service or the documents incorporated 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.

SECTION 19 — SEVERABILITY

In the event that 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 the 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 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. Any ambiguity in the interpretation of these Terms 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 void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where AURIVA has its registered office. You and AURIVA agree to submit to the personal jurisdiction of such courts.

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, at 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. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at otitisair@outlook.com.

Our contact information is as follows:

AURIVA Pol Ribera Marsal Comte Borrell 141, Entresuelo 2 08015 Barcelona, Spain otitisair@outlook.com