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Terms And Conditions

OVERVIEW

This website is operated by ATHRA LUXE™. Throughout the site, the terms “we”, “us” and “our” refer to ATHRA LUXE™. ATHRA LUXE™ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and provide services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website without notifying you. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

ENTIRE AGREEMENT

The failure of us 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 or in respect to The Service constitutes 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, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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 New Jersey, United States of America

TRADEMARK

ATHRA LUXE™ is a trademark of Athra NJ Inc. . These and other trademarks, service marks, and logos used and displayed on this site are the property of ATHRA LUXE™ and Athra NJ, Inc., unless otherwise noted. Nothing on this Site should be construed as granting any permission, license or right to use any trademark displayed on this Site.

COPYRIGHT

© Athra NJ, Inc. all rights reserved. Restriction of Use / Copyrighted Material. The copyright in all the material provided on this site, including but not limited to text, graphics, jewelry designs and html code are owned by ATHRA LUXE™ and Athra NJ Inc.

The ownership interests in the Site are protected by United States laws and international treaty provisions. ATHRA LUXE™ and Athra NJ, Inc. reserves all rights to stories, photographs, images, designs, and documents contained within all domain names owned by ATHRA LUXE™. No material from the Site or any website owned, operated or controlled by ATHRA LUXE™ or Athra NJ Inc. may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, reprinted or duplicated in any way without the prior express written permission from ATHRA LUXE™. Any unauthorized use of any material contained on this Site may violate intellectual property laws, or other laws.

You agree and acknowledge that any intellectual property displayed on this site, including, but not limited to, ATHRA LUXE™ jewelry designs, all text, graphics, logos, images, audio clips, digital downloads, and data compilations and other information and any third party intellectual property is the sole and exclusive intellectual property of ATHRA LUXE™ and Athra NJ, Inc. or, in the case of third party intellectual property, is licensed to ATHRA LUXE™ and Athra NJ, Inc. and shall not be copied, reproduced, displayed, used, sold or otherwise distributed without the express prior written consent of ATHRA LUXE™. This site, the intellectual property, and any other information on the Site are provided solely for your personal, noncommercial use, including the online purchase of the merchandise depicted, and for no other purpose.

You may not, except with our express written permission, distribute or commercially exploit the content of this site. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

WARRANTY

Before purchasing products and using our services on or through this site, review our terms of sale, which are incorporated by reference into these terms of use. All materials and services provided on this site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or capability for a particular purpose, or the warranty of non-infringement.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ATHRA LUXE™, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Without limiting the preceding, we make no warranty that (a) the services and materials will meet your requirements or that any errors in the Service will be corrected,(b) the services and materials will be uninterrupted, timely, secure, or error-free technical or other mistakes, inaccuracies or typographical errors that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability., (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable,(d) the quality of any products, or services obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects, (e) certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, (f) we have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate, (g) we reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction; we may exercise this right on a case-by-case basis, (h) we reserve the right to limit the quantities of any products or services that we offer.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate. We may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. The materials or services at this site may be out of date, and we make no commitment to update such materials or services. The use of the services or the downloading or other acquisition of any materials or information, including communications with other users, through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or liabilities caused by your actions.

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. We make no warranty regarding any transactions executed through, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.

RETURN POLICY

We want you to be fully satisfied with every item you purchase form AthraLuxe.com. If you are not satisfied with an item, you may return the item that you purchased within 30 days for a full refund less any shipping & handling or other charges.

We will accept authentic items for Return under all conditions for review and approval which were purchased through AthraLuxe.com; Item must be returned in new, unused and in resalable condition including all packaging. * Items that have been worn, damaged, and/or altered will not be refunded . Sale or discounted items are final sale and are not returnable and will not be refunded. Shipping & Handling charges are nonrefundable.

We do not offer exchanges unless the item is an authorized manufactured defect, please contact Service@AthraLuxe.com for further questions.

If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund. Please note that this 30 day window starts from the original date that the order was confirmed delivered. Exchanges and Returns may take approximately 15 business days (but not limited to) to process upon receipt of the item and will be subject to shipping and handling charges. 

Shipping and handling fees are not refunded- Once your return is processed, you will receive a confirmation by email. 

*For your security, please consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. Return your item with a protected courier (e.g., FedEx, UPS, and USPS) and retain your receipt and tracking information. ATHRA LUXE™ is not responsible for items damaged or lost in transit.

Refunds

Refunded credit back to your account may vary based on terms and conditions of your bank or credit card service provider. Contact your card company; it may take some time before your refund is posted on your account. Refund processing time may vary.

OTHER RETAILER RETURN

Merchandise purchased from outside www.AthraLuxe.com must be Returned / Exchanged to the store you originally purchased it from. They will be able to assist you with your return/ exchange according to their policy and procedures. Please note: Items purchased at www.AthraLuxe.com cannot be returned to any department store or specialty store.

PRICE ADJUSTMENTS

NO Price adjustments will be honored.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Price adjustments will NOT be honored or limited to items that have been placed on sale or discounted for any and all previous purchases. Adjustments cannot be honored for any coupons or promotion codes offered on previous purchase.

*Please ensure you apply any offers at time of purchase to take advantage of the promotion, no exceptions.

PAYMENT POLICY

Credit cards accepted: Visa, MasterCard, American Express, and Discover

We do not accept: Cash, Personal Checks, Traveler's Checks, CODs, Layaway plan

International purchases we require an authorization in addition to submitting a photo copy of your credit card (front and back) to verify the card and signature. form with a signature to verify that the card holder fully accepts all charges and to ensure the charge is not fraudulent.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

PRIVACY POLICY

ATHRA LUXE™ and Athra NJ Inc. understand and respect your concerns about the protection of your personal information online. This Privacy Policy describes our practices regarding the collection and use of information through our website, located at www.AthraLuxe.com. By using or purchasing any product through this site, you agree to the collection and use of personal information as set forth in this Policy. We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

If you do not agree to this Policy, please do not use this site.

Any information we collect is used to provide you with a better shopping experience and to facilitate us in fulfillment operations. From time to time, we may send sale information, product updates, etc. via US mail and/or electronically via email. If you would prefer not to receive these promotional items, you may opt out via an online form or by contacting us at Service@AthraLuxe.com with "REMOVE" as the subject header. ATHRA LUXE™ / Athra NJ Inc. uses non-personally identifiable information, such as your IP address and the pages that you visit on our site, to help diagnose problems with our site and servers, to administer our site, and to improve site-related services and features. Your IP address and other non-personally identifiable information also may be used to gather broad demographic information and to recognize customer traffic patterns and site usage trends. This information aids us in improving the site navigation, design and features. Our store may use Google Analytics to help us learn about who visits our site and what pages are being looked at. We also may use "cookies" to collect product and purchase information from the pages you access or visit. This information may be combined with other identifiable personal information. Cookies are bits of information that are automatically stored on your computer. Cookies do not contain any personally identifiable information such as your name, address or any financial information.

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website without notifying you. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

SECURITY POLICY

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

All order information sent to ATHRA LUXE™ is encrypted. We protect your online transactions by using Secure Shopping Technology. Your personal information can be trusted to arrive privately and unaltered. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Our Site may contain links to third-party websites such as “Facebook” Ect. If so, they are provided solely as a convenience to you. Linking to other websites links, you will leave this site at your own risk. ATHRA LUXE™ does not control and is not responsible for these sites or their content. ATHRA LUXE™ does not make any endorsement or representations about such sites, or any information found there, or any results that may be obtained from using them. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.  However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.  In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ATHRA LUXE™ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

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