Terms of service

OVERVIEW

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

The following terms and conditions, as well as any policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information about your statutory rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting or using our Services, or by interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in the state or province of your residence and that you have given us your permission to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing the products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for the security of your login information and for all activity on your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately represent our products and services in our online stores. However, please note that the colors or appearance of the products may vary from what you see on your screen, depending on the type of device you are using to access the store, as well as your device's settings and configuration.

We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or will match the images or representations 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 products 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. Avelure reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until Avelure confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Avelure may not be able to accommodate cancellation requests after order acceptance. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided with the order.

The return or exchange of your purchases is governed solely by the terms of our Return Policy [LINK].

You represent and warrant that your purchases are for your personal use or use within your household 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 is the price in effect at the time the order is placed and is stated in the email containing your order confirmation. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping costs, handling fees, customs duties or import taxes.

The prices listed in our online shops may differ from those in our physical stores or in online shops and other stores operated by third parties. We may offer promotions related to our services from time to time, which may affect pricing and are subject to separate terms and conditions. In the event of any conflict between the terms of a promotion and these terms and conditions, the terms of the promotion shall 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 information and other details, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) any charges incurred by you will be paid by your credit card company, and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling charges and any applicable taxes.

SECTION 5 – 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 clearance, or events beyond our control. Once we hand the goods over to the shipping carrier, title to and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are owned by Avelure, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any of the materials on the Services. Except as expressly provided herein, nothing in these Terms grants you, or may be construed as granting, a license or other right under any patent, trademark, copyright, or other intellectual property right of Avelure, 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 Avelure.

Avelure's names, logos, product and service names, designs, and slogans are trademarks of Avelure or its affiliates or licensors. You may not use these trademarks without Avelure's prior written consent. 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 appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may have access to customer tools provided by third parties. We do not monitor, control, or influence over these tools.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions, and without any endorsement. We shall not be liable for any damages arising from or related to the use of optional third-party tools.

Any use you make of optional tools offered through the website is entirely at your own risk and discretion. You should therefore familiarize yourself with and accept the terms of use of the applicable third-party tools.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and are subject to these Terms and Conditions.

SECTION 8 – EXTERNAL LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damages related to your access to external websites or your purchase or use of products, services, resources, or content on external websites. Please carefully review the third-party provider's policies and procedures and ensure you understand them before conducting any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third-party provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTICE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or altered.]

Avelure is powered by Shopify, which allows us to provide the services to you. However, all sales and purchases you make in our store are made directly with Avelure. By using the services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Avelure, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with Avelure.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed 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 about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services is transferred to and shared with Shopify and third-party service providers, who may be located in a country other than your country of residence, to provide you with the Services. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

When you send, upload, post, email, or otherwise transmit 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 media for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms and Conditions.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and shall remain under no obligation (1) to treat your Feedback as confidential; (2) to pay you compensation for your feedback; or (3) to respond to your feedback.

We may, but are not obligated to, monitor, edit, or remove feedback that we, in our sole discretion, determine to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms and Conditions.

You agree that your feedback will not infringe any rights of any third party, including copyright, trademark, privacy, personality, or other individual or proprietary rights. You further agree that your feedback will not contain libelous or otherwise unlawful, abusive, or obscene statements, or contain computer viruses or other malware that could in any way affect the operation of the Services or any related website. You are not permitted to use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of feedback. You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility or liability whatsoever for feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or in the Services may contain 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 at any time without notice, and to change or update information or cancel orders if any information is inaccurate at any time (including after you have submitted your order).

SEQUENCE 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services for the following purposes: (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 the intellectual property rights of others; (d) to harass, abuse, insult, harm, slander, defame, disparage, intimidate, or damage our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to send or cause to be sent any advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited messages; (h) to impersonate or attempt to impersonate any other person or entity, or (i) to otherwise engage in any conduct that restricts or impairs the use or enjoyment of the Services by others, or that, in our opinion, could harm or expose Avelure, Shopify, or the users of the Services to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that are used or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) misuse the Services for spamming, phishing, pharming, or pretexting purposes; (e) Use robots, spiders, scraping tools, data gathering and extraction tools, automated devices or processes, AI tools (e.g., agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or tamper with the security or authorization features, the Robot Exclusion header, or any other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies if you use, permit, activate, or cause the use of an agent to access, use, or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person and that can be executed on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless they identify themselves at all times and act in strict accordance with the requirements in Section 14.4 below. Furthermore, no Agent is permitted to access, use, or interact with the Services if we have requested them to cease accessing, using, or interacting with a Service.

14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses, and interacts with the Services.

14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request is from an agent and disclose the agent's name by including the following in the request's user-agent string: "Agent/[Agent Name]". (ii) must not conceal or disguise that access, use, or interaction is from an agent, for example, by (a) mimicking human behavior and interaction patterns or (b) completing or circumventing CAPTCHAs or measures designed to differentiate computer use from human use; (iii) must truthfully answer questions or prompts designed to determine whether interactions are from a human or a computer; (iv) must not circumvent or otherwise avoid measures designed to prevent, restrict, modify, or control whether and how agents access, use, or interact with Shopify Consumer Services.

(iii) must respond truthfully to questions or prompts designed to determine whether interactions are from a human or a computer.

SECTION 15 – TERMINATION

We may terminate this Agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without notice, and you will remain obligated to pay all amounts due up to and including the termination date.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability Clause, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SEQUENCE 16 – DISCLAIMER OF WARRANTIES

Information provided on or through the Services is provided for general informational purposes only. We make no warranties as to the accuracy, completeness, or usefulness of such information. Any reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from your or other users' reliance on such materials, or from any third party who becomes aware of their content.

Unless expressly stated otherwise by [Merchant], the Services and all products offered through the Services are provided "as is" and "as available" for your use without any representations, warranties, or conditions, 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 GUARANTEE, ASSURE, OR WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR PROHIBIT THE EXCLUSION 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 LAW, SHOPIFY AND ITS AFFILIATES, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY KIND OF INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, Lost savings, data loss, exchange costs, or similar damages, regardless of whether such damages are claimed in contract, tort (including negligence), or strict liability, arising from your use of the services or products purchased through the services, or for any other claim in any way related to your use of the services or any product, including, but not limited to, errors and omissions in any content, or loss or damage of any kind arising from the use of the services or content (or products). RESULTS IN OTHERWISE PUBLISHED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Avelure, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms and Conditions or the documents incorporated by reference, (2) your violation of applicable 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 a delay in notification will not release you from your obligations unless it would cause you significant harm. 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 from you without your consent (which may not be unreasonably withheld). They will assist in defending against claims for damages, including by providing relevant documents.

SECTION 19 – SEVERABILITY CLAUSE

If any provision of these Terms and Conditions is found to be unlawful, invalid, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such finding.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, together with any policies or operating rules that we post on this website or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms and Conditions supersede all prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written (this includes, but is not limited to, any previous versions of these Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted this document.

SECTION 21 – ASSIGNMENT

Without our prior written consent, you may not delegate, assign, or transfer this agreement or your rights and obligations under these Terms and Conditions; any such attempt is void. We may assign, transfer, or delegate these Terms and Conditions and our rights and obligations to you without your consent or notice.

SECTION 22 – GOVERNING LAW

These Terms and Conditions, and any separate agreements under which we provide services to you, shall be governed by and construed in accordance with the jurisdiction of the federal, state, or territorial courts located at Avelure's registered office. You and Avelure consent to the local and personal jurisdiction of such courts.

SECTION 23 – HEADINGS

The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms.

SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS

The most current version of the Terms and Conditions is always available on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you, in accordance with applicable law, of any material changes to these Terms and Conditions, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services after the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

For questions regarding the Terms and Conditions, please contact Avelure.kundenservice@gmail.com .

Our contact information is below:

AVELURE

Avelure.kundenservice@gmail.com