Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Avora. The terms "we", "us" and "our" refer to Avora. Avora 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"). Avora 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 carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and dispute resolution.
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, you should not use or access our Services.
Any new features or tools added to the Services shall also be subject to these Terms. You may review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates on the website. Your continued use of the Services after any changes constitutes acceptance of those modifications.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.
To use the Services you may be asked to provide information including your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person. You agree to notify us immediately at support@avorapremium.com if you become aware of any unauthorized use of your account.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction in the use of the Services. A breach or violation of any of these Terms will result in immediate termination of your access.
SECTION 2 - OUR PRODUCTS
We have made every effort to accurately represent our products and services. However, colors or product appearance may differ from how they appear on your screen due to your device type and settings.
We do not warrant that the appearance or quality of any products purchased will meet your expectations or match exactly what is depicted in our store.
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 may limit quantities available to any person, geographic region, or jurisdiction.
Our products are dietary supplements. They are not intended to diagnose, treat, cure, or prevent any disease. The statements made on this website have not been evaluated by the Food and Drug Administration. The content and information on this website is not intended as medical advice and is not a substitute for professional treatment or diagnosis. Always consult a qualified healthcare professional before starting any new supplement, particularly if you are pregnant, nursing, taking prescription medication, or have a pre-existing medical condition.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Avora reserves the right to accept or decline your order for any reason at its discretion. After receiving your order, we will send a confirmation email with your order number and details. Acceptance of your order and formation of a contract of sale does not occur until you receive that confirmation email.
Please review your order carefully before submitting. Avora may be unable to accommodate cancellation requests after an order is accepted and processed.
In the event that we do not accept, modify, or cancel your order, we will attempt to notify you using the contact information provided at checkout.
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 will be the price in effect at the time the order is placed, as confirmed in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
We are not responsible for pricing or typographical errors in any offer and reserve the right to cancel orders arising from such errors.
You agree to provide current, complete, and accurate payment and account information for all purchases. You agree to promptly update your account information, including email address and payment details, so that we can complete your transactions.
You represent and warrant that the payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that all charges will be honored by your payment provider.
We and our third-party payment processors may receive updated card information from your card issuer when your card has expired. If you wish to opt out of this updating service, contact your card issuer directly. If your payment provider reverses a charge, we may bill you directly and seek payment by another method.
SECTION 5 - SUBSCRIPTIONS
By purchasing a subscription, you authorize Avora to charge your payment method on a recurring basis at the frequency selected at checkout. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL. IF YOU DO NOT CANCEL AT LEAST 24 HOURS BEFORE YOUR NEXT SCHEDULED BILLING DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND PAYMENT WILL BE PROCESSED.
To cancel, log in to your account portal or contact support@avorapremium.com before your next billing date. All cancellation requests received after a billing date apply to the following period.
We reserve the right to modify subscription pricing with advance notice. Continued use of your subscription after a price change constitutes acceptance of the new pricing. We may refuse to renew any subscription at our sole discretion.
SECTION 6 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect shipping information provided by the customer, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you. If your order is lost or significantly delayed, contact us at support@avorapremium.com and we will do our best to assist.
SECTION 7 - ELECTRONIC COMMUNICATIONS
By creating an account or making a purchase, you consent to receive electronic communications from Avora, including emails sent to the address on your account and notices posted on the Site. You agree that any such electronic communication satisfies any legal requirement that communications be in writing.
SMS and Text Messaging. By providing your phone number and opting in to any SMS program, you consent to receive transactional, promotional, and marketing text messages from or on behalf of Avora. Message frequency may vary. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. You may opt out at any time by replying STOP to any message. For support, contact support@avorapremium.com.
SECTION 8 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, product reviews, video, audio, and the design and arrangement thereof, are owned by Avora, its affiliates, or licensors and are protected by U.S. and foreign 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, republish, download, store, or transmit any material from the Services without our prior written consent.
Avora's names, logos, product and service names, designs, and slogans are trademarks of Avora or its affiliates. You must not use such marks without prior written permission. All rights not expressly granted are reserved by Avora.
SECTION 9 - OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. Such tools are provided "as is" and "as available" without any warranties or endorsements. We have no liability arising from your use of optional third-party tools. Use of such tools is entirely at your own risk.
SECTION 10 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. If you leave our Services to access third-party sites, you do so at your own risk. Complaints or questions about third-party products or services should be directed to the third party.
SECTION 11 - RELATIONSHIP WITH SHOPIFY
Avora is powered by Shopify. However, all sales and purchases are made directly with Avora. Shopify is not responsible for any aspect of transactions between you and Avora, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your transactions with Avora.
SECTION 12 - PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information related to your use of the Services. By using the Services, you acknowledge that you have read and agree to our Privacy Policy and Shopify's Privacy Policy.
SECTION 13 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content, you grant Avora a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such content in any medium for any purpose including commercial use.
You represent and warrant that you own or have all necessary rights to any feedback submitted, and that your feedback does not violate the rights of any third party. We are under no obligation to maintain your feedback in confidence, pay compensation for it, or respond to it.
SECTION 14 - PRODUCT RESULTS AND HEALTH DISCLAIMER
Individual results from using our products may vary. No results are guaranteed. Avora does not guarantee that you will accomplish any specific health or wellness goals. Results may vary depending on factors unique to you including age, health status, genetics, lifestyle, and consistency of use. Testimonials and reviews shown on this website reflect individual experiences and are not necessarily typical or representative of all customers.
Our products are not intended to diagnose, treat, cure, or prevent any disease. Nothing on this website constitutes medical advice. Always consult a licensed healthcare professional before starting any supplement, especially if you are pregnant, nursing, under 18, taking prescription medication, or managing a medical condition.
In the event of an adverse reaction to any of our products, discontinue use immediately and consult a healthcare professional.
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors, update information, or cancel orders if any information is inaccurate, at any time without prior notice.
SECTION 16 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services to engage in unlawful activity, infringe intellectual property rights, harass or harm any person, transmit false or misleading information, send spam or unsolicited communications, impersonate any person or entity, upload malicious code or viruses, scrape or collect personal data, or interfere with the security or operation of the Services.
We reserve the right to suspend, disable, or terminate your access at any time without notice if we determine you have violated these Terms.
SECTION 17 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY AVORA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CERTAIN JURISDICTIONS, INCLUDING NEW JERSEY, PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF YOU ARE A CUSTOMER IN SUCH A JURISDICTION, THESE DISCLAIMERS APPLY ONLY TO THE FULLEST EXTENT PERMITTED UNDER THE LAWS OF YOUR JURISDICTION.
SECTION 18 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, AVORA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT 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, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
IN NO EVENT WILL AVORA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO AVORA IN THE LAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
CERTAIN JURISDICTIONS, INCLUDING NEW JERSEY, PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF YOU ARE A CUSTOMER IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED UNDER THE LAWS OF YOUR JURISDICTION. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Avora, Shopify, and our affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law or third-party rights, or your use of the Services.
SECTION 20 - FORCE MAJEURE
Avora will not be liable for any failure or delay in performance under these Terms caused by circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, war, terrorism, civil unrest, governmental action, pandemic, epidemic, labor disputes, carrier delays, or power or telecommunications failures.
SECTION 21 - DISPUTE RESOLUTION AND BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any dispute or claim arising out of or relating to these Terms, our products, services, privacy policy, or marketing practices shall be submitted to binding, confidential arbitration before a single arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules. This provision is governed by the Federal Arbitration Act. The arbitrator shall follow applicable substantive law and may award all remedies available in an individual lawsuit.
The arbitrator may only resolve disputes between you and Avora individually. Class actions, class arbitrations, and representative claims are not permitted. You waive any right to participate in a class action lawsuit or class-wide arbitration against Avora.
Notwithstanding the above, Avora reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction for matters involving intellectual property infringement or misappropriation.
You may opt out of this arbitration provision within 30 days of your first purchase by emailing support@avorapremium.com with your name, order number, and a clear statement of your intent to opt out.
SECTION 22 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. You and Avora consent to the exclusive jurisdiction of the courts in Florida for resolution of any disputes not subject to arbitration.
SECTION 23 - NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
SECTION 24 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law and the remainder of these Terms shall remain in full force and effect.
SECTION 25 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Avora regarding your use of the Services and supersede all prior agreements and communications.
SECTION 26 - ASSIGNMENT
You may not transfer or assign these Terms or any of your rights without our prior written consent. Any attempted assignment without consent is null and void. We may transfer, assign, or delegate these Terms and our rights without notice to you.
SECTION 27 - NOTICES
Avora may provide notices to you by email to the address on your account or by posting on the Site. It is your responsibility to keep your email address current. To provide formal notice to Avora, contact us at support@avorapremium.com.
SECTION 28 - CHANGES TO TERMS
We reserve the right to update or replace any part of these Terms at any time. Changes will be posted to this page with an updated effective date. We will notify you of material changes in accordance with applicable law. Your continued use of the Services after any changes constitutes acceptance of the updated Terms.
SECTION 29 - CONTACT
For any questions regarding these Terms, contact us at support@avorapremium.com.