Terms of service


TERMS OF SERVICE

OVERVIEW

Welcome to Audela Wear. The terms “we,” “us,” and “our” refer to Audela Wear.

Audela Wear 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 collectively referred to as the “Services.”

Audela Wear is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein, collectively referred to as these “Terms of Service” or “Terms,” describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the 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, province, or country of residence, or that you have given us your consent to allow your minor dependents to use the Services on devices that you own, purchase, or manage.

To access or use certain parts of the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide to us is accurate, current, and complete and that you have the necessary rights to provide that information.

You are solely responsible for protecting your account credentials and for all activity that takes place through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to display our products accurately. However, product colors and appearance may vary depending on your device, screen settings, lighting, and other factors.

We do not guarantee that the color, appearance, texture, sizing, or overall quality of a product will appear exactly as shown on your screen.

Many of our products are made to order and fulfilled by third-party production and fulfillment partners. Because products are produced individually, minor variations in color, print placement, dimensions, and appearance may occur.

Product descriptions, pricing, availability, and other product information may be changed at any time without notice.

We reserve the right to discontinue any product or limit the quantity of products available to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products from Audela Wear.

We reserve the right to accept, reject, limit, or cancel an order for any lawful reason and at our discretion. Your order is not considered accepted until your payment has been successfully processed and we have confirmed the order.

Please review your order carefully before submitting it, including the selected product, color, size, quantity, billing information, and shipping address.

Because many of our products are made to order, we may be unable to cancel or modify an order after it has entered production.

If we reject, modify, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided when the order was placed.

All returns, exchanges, replacements, and refunds are governed by our Return and Refund Policy.

You represent that products purchased from our store are intended for your personal or household use and are not being purchased for unauthorized commercial resale or export.

SECTION 4 – PRICES AND BILLING

Product prices, discounts, and promotions may change without notice.

The price charged for a product will be the price displayed at the time your order is submitted and will appear in your order confirmation.

Unless otherwise stated, listed prices do not include applicable taxes, shipping fees, handling fees, customs duties, import fees, or other governmental charges.

Prices displayed through our online store may differ from prices displayed by third-party websites, marketplaces, or promotional partners.

We may offer promotions governed by separate terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms of Service, the promotional terms will apply to that promotion.

You agree to provide accurate, current, and complete billing, payment, contact, and account information for all purchases.

You agree to promptly update your information, including your email address and payment details, so we can process your transactions and contact you when necessary.

You represent and warrant that:

  1. The payment information you provide is accurate and complete.
  2. You are authorized to use the selected payment method.
  3. Charges submitted using your payment method will be honored.
  4. You will pay all charges associated with your order, including applicable taxes and shipping fees.

SECTION 5 – SHIPPING AND DELIVERY

Processing and delivery dates displayed on our website are estimates only and are not guaranteed.

Because products may be made to order, processing time is separate from shipping time.

We are not responsible for delays caused by shipping carriers, incorrect or incomplete addresses, customs processing, severe weather, natural disasters, labor disruptions, government actions, or other circumstances outside our reasonable control.

Customers are responsible for providing an accurate and complete shipping address. We may not be able to replace or refund an order delivered to an address that was entered incorrectly by the customer.

International customers may be responsible for customs duties, import taxes, brokerage charges, or similar fees imposed by the destination country.

Please review our Shipping Policy for additional information.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including our trademarks, trade names, logos, branding, text, product designs, artwork, photographs, graphics, videos, audio, website content, layouts, and other materials, are owned by or licensed to Audela Wear and are protected by applicable intellectual property laws.

These Terms permit you to use the Services only for lawful, personal, and noncommercial purposes.

Without our prior written permission, you may not reproduce, copy, distribute, modify, sell, resell, publish, display, transmit, store, create derivative works from, or commercially exploit any part of the Services or our content.

Nothing in these Terms grants you ownership of or a license to any trademark, copyright, design, artwork, patent, trade secret, or other intellectual property belonging to Audela Wear, Shopify, or another party.

Audela Wear’s name, logos, product names, designs, artwork, slogans, and branding may not be used without prior written permission.

Shopify’s name, logos, product names, service names, designs, and slogans are trademarks belonging to Shopify or its affiliates.

All other names, brands, logos, designs, and trademarks displayed through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools, features, applications, integrations, or services offered by third parties.

We do not necessarily monitor, control, or endorse these third-party tools.

Access to third-party tools may be provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind.

Your use of optional third-party tools is at your own discretion and risk. You are responsible for reviewing and agreeing to the terms and policies of the applicable third-party provider.

We may introduce additional tools, services, features, or resources in the future. Any new features made available through the Services will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links, integrations, embedded features, content, or materials provided by third parties.

We are not responsible for examining or verifying the accuracy, security, legality, quality, or reliability of third-party websites or materials.

When you leave our Services to visit a third-party website, you do so at your own risk.

We are not responsible for losses, damages, disputes, or other issues resulting from your access to or use of third-party websites, products, services, resources, or content.

Please review the terms, privacy policies, return policies, and business practices of third parties before completing a transaction with them.

Questions or complaints relating to a third-party product or service should be directed to the appropriate third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Audela Wear is powered by Shopify, which provides the technology that enables us to offer the Services.

However, all purchases made through our store are transactions directly between you and Audela Wear.

By using the Services, you acknowledge that Shopify is not responsible for the products sold by Audela Wear or for any injury, damage, loss, dispute, refund, or other claim arising from a transaction between you and Audela Wear.

To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to your purchases and transactions with Audela Wear.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be collected and processed by Shopify in accordance with Shopify’s applicable privacy policies.

Because Shopify hosts and supports our store, Shopify may collect and process information about your access to and use of the Services to operate, secure, maintain, and improve the platform.

Information submitted through the Services may be transmitted to Shopify, payment processors, fulfillment providers, shipping carriers, analytics providers, and other service providers that assist us in operating our business.

Some service providers may process information in countries outside your country of residence.

Please review our Privacy Policy for more information about how your personal information is collected, used, stored, and shared.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content, collectively referred to as “Feedback,” you grant Audela Wear a worldwide, perpetual, nonexclusive, sublicensable, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, display, and promote that Feedback for lawful business purposes.

This may include using Feedback to operate, evaluate, improve, advertise, and promote the Services.

You represent and warrant that:

  1. You own the Feedback or have the necessary rights to submit it.
  2. You have disclosed any compensation or incentive associated with the Feedback.
  3. Your Feedback does not violate any law, intellectual property right, privacy right, or other right belonging to another person.
  4. Your Feedback does not contain unlawful, defamatory, threatening, abusive, obscene, malicious, or deceptive material.
  5. Your Feedback does not contain viruses, malware, or harmful code.

We are not obligated to keep Feedback confidential, provide compensation for Feedback, or respond to Feedback.

We may monitor, edit, refuse, or remove Feedback that we believe violates these Terms or applicable law.

You may not use a false email address, impersonate another person, or misrepresent the origin of any Feedback.

You remain responsible for the Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information provided through the Services may occasionally contain typographical errors, inaccuracies, or omissions.

These may relate to product descriptions, product images, pricing, promotions, discounts, shipping charges, transit times, product availability, or other information.

We reserve the right to correct errors, update information, change or cancel promotions, and cancel affected orders when information is inaccurate, including after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

  1. For an unlawful, fraudulent, deceptive, or malicious purpose.
  2. To violate any international, federal, state, provincial, territorial, or local law or regulation.
  3. To infringe or violate our intellectual property rights or the rights of another person.
  4. To harass, abuse, threaten, intimidate, defame, discriminate against, or harm another person.
  5. To submit false, misleading, or deceptive information.
  6. To upload, transmit, or distribute viruses, malware, malicious code, or other harmful material.
  7. To send spam, phishing messages, fraudulent solicitations, chain letters, or unauthorized advertising.
  8. To impersonate another person, company, organization, or entity.
  9. To collect, track, or misuse the personal information of others.
  10. To reproduce, duplicate, copy, sell, resell, extract, or commercially exploit any portion of the Services without authorization.
  11. To interfere with, disrupt, damage, bypass, or circumvent the security or operation of the Services.
  12. To use bots, spiders, scrapers, automated extraction tools, or unauthorized automated systems to access or collect information from the Services.
  13. To engage in conduct that restricts another person’s ability to access or enjoy the Services.
  14. To use the Services in a manner that may expose Audela Wear, Shopify, our service providers, or our customers to harm or liability.

We reserve the right to suspend, restrict, disable, or terminate access to the Services if we reasonably believe these Terms have been violated.

SECTION 14 – AUTOMATED AGENTS

This section applies when a person or organization uses an autonomous or semi-autonomous software system, tool, or service, referred to as an “Agent,” to access or interact with the Services.

An Agent may not access or interact with the Services in violation of these Terms, our technical restrictions, or an instruction requesting that the Agent stop accessing the Services.

We may use technical measures to limit or control whether and how Agents access or interact with the Services.

Agents must:

  1. Identify themselves accurately when accessing the Services.
  2. Not conceal or misrepresent that an interaction is being performed by an automated system.
  3. Not imitate human behavior to bypass restrictions intended to distinguish automated activity from human activity.
  4. Not bypass CAPTCHAs, access restrictions, security controls, or other protective measures.
  5. Respond truthfully when asked whether an interaction is being performed by a person or an automated system.
  6. Follow applicable laws, technical requirements, and access restrictions.

SECTION 15 – TERMINATION

We may suspend or terminate your access to all or part of the Services if you violate these Terms, misuse the Services, create risk or legal exposure, or engage in unlawful conduct.

You remain responsible for amounts owed before the effective date of termination.

Provisions that should reasonably survive termination will remain in effect, including provisions relating to intellectual property, Feedback, disclaimers, limitations of liability, indemnification, governing law, privacy, severability, and dispute-related obligations.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

We do not guarantee that information provided through the Services will always be accurate, complete, current, or useful.

Your reliance on information provided through the Services is at your own risk.

Except where expressly stated by Audela Wear or required by applicable law, the Services and products offered through the Services are provided on an “as is” and “as available” basis without representations, warranties, or conditions of any kind, whether express or implied.

To the fullest extent permitted by law, we disclaim implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.

We do not guarantee that access to the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, some of the exclusions above may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Audela Wear and its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and fulfillment partners will not be liable for any indirect, incidental, punitive, special, exemplary, or consequential damages.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from:

  1. Your access to or use of the Services.
  2. Your inability to access or use the Services.
  3. Products purchased through the Services.
  4. Errors or omissions in content.
  5. Content or products made available through the Services.
  6. Unauthorized access to or alteration of your information.
  7. Conduct by another user or third party.

These limitations apply regardless of whether the claim is based on contract, tort, negligence, strict liability, or another legal theory, even when we have been advised that damages may be possible.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.

SECTION 18 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Audela Wear, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, and fulfillment partners from third-party claims, damages, liabilities, losses, and reasonable legal fees arising from:

  1. Your violation of these Terms of Service.
  2. Your violation of applicable law.
  3. Your violation of another person’s rights.
  4. Your misuse of the Services.
  5. Content or Feedback you submit through the Services.

We will provide reasonable notice of an indemnifiable claim when possible.

You agree to cooperate reasonably in the defense of such claims, including by providing relevant information and documentation.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law.

The unenforceable portion will be treated as severed from these Terms, and the remaining provisions will continue in full force and effect.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and other policies posted through the Services, constitute the entire agreement between you and Audela Wear concerning your use of the Services.

These Terms replace prior or contemporaneous agreements, communications, proposals, and understandings relating to the Services, whether written or oral.

Any ambiguity in these Terms will not automatically be interpreted against the party that drafted them.

SECTION 21 – ASSIGNMENT

You may not assign, transfer, delegate, or license your rights or obligations under these Terms without our prior written consent.

Any unauthorized attempted transfer may be considered invalid.

We may assign or transfer our rights and obligations under these Terms in connection with a business transfer, restructuring, sale, merger, service-provider arrangement, or as otherwise permitted by law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreement through which we provide the Services will be governed by and interpreted under the applicable laws of the State of New York and the United States, without regard to conflict-of-law principles.

Subject to applicable consumer protection laws, disputes relating to these Terms or the Services will be handled by courts with appropriate jurisdiction in New York.

Nothing in this section limits any consumer rights that cannot legally be waived.

SECTION 23 – HEADINGS

Headings are included for convenience and organization only. They do not limit or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

You may review the most current version of these Terms of Service on this page.

We reserve the right to update, revise, or replace any part of these Terms by posting an updated version through the Services.

When required by applicable law, we will provide notice of material changes.

Unless otherwise stated, updated Terms become effective when posted.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Audela Wear
Business location: New York, United States
Email: audelawear@gmail.com
Phone: (516) 387-0029
Website: audelawear.com

Audela Wear does not currently maintain a publicly listed customer return address. Customers must contact us before sending a product back. When a return is approved, we will provide the applicable return instructions and address.