Terms and Conditions
1. Introduction
These Terms and Conditions (the “Terms”) govern your access to and use of the website located at https://aurabandana.com (the “Website”), owned and operated by SWR General Trading (Haikou) (the “Company,” “we,” “us,” or “our”). The Company is registered in China, with its principal place of business at Xiuying District, Haikou City, Hainan Province, China 570100.
The Website, known as “AuraBandana,” provides users with access to products, services, user account functionality, content submission tools (including message forms and chat windows), and promotional activities (collectively, the “Services”). By accessing or using the Website or Services, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional policies referenced herein (e.g., Privacy Policy). If you do not agree to these Terms, you must immediately cease using the Website and Services.
2. Acceptance of Terms
Your use of the Website (including browsing, creating an account, submitting content, purchasing products, or participating in promotions) constitutes your unconditional acceptance of these Terms. We reserve the right to modify these Terms at any time, as outlined in Section 13 (“Changes to These Terms”). It is your responsibility to review these Terms periodically for updates. Continued use of the Website after changes are posted will confirm your acceptance of the revised Terms.
3. Definitions
To avoid ambiguity, the following terms have the meanings set forth below:
- “Account”: A user profile created by you to access restricted features of the Website (e.g., placing orders, saving preferences, submitting content).
- “Content”: All materials on the Website, including but not limited to logos, trademarks, text, images, graphics, product descriptions, videos, and software (excluding User-Generated Content).
- “Promotions”: Any sales, discounts, giveaways, or contests offered by the Company on the Website.
- “Services”: All offerings of the Company via the Website, including product sales, account management, content hosting, and promotional activities.
- “User-Generated Content (UGC)”: Any content you submit to the Website, including text (e.g., form submissions, chat messages), images, or other materials.
- “Website”: The online platform at https://aurabandana.com and all its subdomains, pages, and features.
4. User Accounts
The Website offers Account registration to enable enhanced use of the Services. By creating an Account, you agree to the following:
4.1 Account Creation
- You must provide accurate, current, and complete information during registration (e.g., name, email address, shipping details). We reserve the right to verify the authenticity of this information and may suspend or terminate Accounts with false or incomplete data.
- You must be at least 18 years old to create an Account, or have the consent of a parent/legal guardian if you are a minor. By registering, you confirm you meet this eligibility requirement.
4.2 Account Security
- You are solely responsible for maintaining the confidentiality of your Account credentials (e.g., username, password). Do not share your credentials with any third party.
- We are not liable for any unauthorized access to or use of your Account resulting from your failure to protect your credentials. You must notify us immediately at info@aurabandana.com if you suspect unauthorized activity on your Account.
4.3 Account Usage
- Your Account is personal to you and may not be transferred, sold, or shared with others.
- We may suspend or terminate your Account without prior notice if you violate these Terms (e.g., fraudulent activity, infringement of intellectual property, or misuse of the Services).
5. User-Generated Content (UGC)
The Website allows you to submit UGC, including message form entries and chat window communications. By submitting UGC, you agree to the following:
5.1 Rights in UGC
- You retain ownership of your UGC. However, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, modify, display, distribute, and incorporate your UGC into other works for the purpose of operating, promoting, and improving the Website and Services. This license survives the termination of your Account or these Terms.
5.2 Your Warranties Regarding UGC
You warrant and represent that:
- Your UGC does not violate any applicable laws, regulations, or third-party rights (e.g., copyright, trademark, privacy, or publicity rights).
- Your UGC is not defamatory, obscene, harassing, discriminatory, violent, or otherwise harmful to individuals or the public.
- You have obtained all necessary permissions from third parties (e.g., for images of people) before submitting UGC.
5.3 Company’s Rights to UGC
- We reserve the right to review, moderate, or remove any UGC at our sole discretion, without prior notice, if it violates these Terms or is otherwise objectionable. We are not obligated to store or display UGC, and may delete it at any time.
- We are not liable for any UGC submitted by you or other users. Your use of UGC from other users is at your own risk.
6. Products and Services
The Website offers products and services for purchase or use (the “Products”). By ordering or using Products, you agree to the following:
6.1 Product Information
- We strive to provide accurate descriptions, images, and pricing for Products on the Website. However, we do not warrant that Product information is error-free, complete, or current. We reserve the right to correct pricing or description errors at any time, even after an order is placed. If a pricing error is identified after your order, we will notify you and offer to cancel the order or adjust the price.
6.2 Orders and Payment
- When you place an order for Products, you submit an offer to purchase. We reserve the right to accept or reject your order (e.g., if Products are out of stock, pricing is incorrect, or we suspect fraud). We will confirm acceptance by sending you an order confirmation email.
- Payment must be made in full at the time of order, using the payment methods specified on the Website. You agree to provide valid payment information and authorize us to charge the specified amount for your order.
6.3 Shipping and Delivery
- Shipping terms (e.g., delivery times, costs, and destinations) are outlined on the Website’s shipping page (if applicable). We ship Products worldwide, but delivery times may vary based on location and customs procedures. We are not liable for delays caused by third-party carriers or customs authorities.
- Risk of loss or damage to Products passes to you upon delivery. You must inspect Products upon receipt and notify us of any damage or defects within 48 hours of delivery at info@aurabandana.com.
6.4 Returns and Refunds
- Our return and refund policy is available on the Website (or upon request via info@aurabandana.com). You must comply with this policy to be eligible for returns or refunds. We reserve the right to deny returns for used, damaged, or non-defective Products.
7. Intellectual Property Rights
All Content on the Website (including the AuraBandana logo, trademarks, text, images, and graphics) is the exclusive intellectual property of SWR General Trading (Haikou). No Content may be used, copied, reproduced, modified, distributed, transmitted, displayed, or performed without the prior written permission of the Company.
7.1 Trademarks
“AuraBandana” and the Company’s logo are trademarks of SWR General Trading (Haikou). You may not use these trademarks or any confusingly similar marks without our explicit consent.
7.2 Copyright
All text, images, and other creative works on the Website are protected by copyright law. Unauthorized copying or distribution of these works may violate copyright laws and result in legal action.
7.3 Infringement Claims
If you believe your intellectual property rights have been infringed by Content or UGC on the Website, please contact us at info@aurabandana.com with the following information:
- A description of the infringed work.
- A link to the infringing material on the Website.
- Your contact information (name, address, email, phone number).
- A statement that you have a good faith belief the use is unauthorized.
- A signed statement (under penalty of perjury) that the information is accurate and you are the rights owner (or authorized to act on behalf of the rights owner).
8. Promotions and Contests
The Company may offer Promotions (e.g., sales, discounts, contests) on the Website. By participating in a Promotion, you agree to the following:
8.1 Promotion Rules
- Specific rules for each Promotion (e.g., eligibility, entry methods, prize details, deadlines) will be posted separately on the Website (e.g., on a dedicated promotion page or blog post). These rules are incorporated into these Terms by reference.
- We reserve the right to modify, suspend, or cancel any Promotion at any time without prior notice, for any reason (e.g., fraud, technical issues, or non-compliance with laws).
8.2 Eligibility
- Promotions are open to eligible users worldwide, unless otherwise specified. Employees, contractors, and immediate family members of the Company are not eligible to participate in contests or giveaways.
- Participation in a Promotion is voluntary and does not require a purchase (unless explicitly stated).
8.3 Prizes and Winner Selection
- Prizes are non-transferable and cannot be exchanged for cash, unless otherwise specified. We reserve the right to substitute prizes of equal or greater value if the stated prize is unavailable.
- Winners will be selected in accordance with the Promotion’s rules, and our decision is final and binding. We will notify winners via email or through the Website, and winners may be required to provide additional information (e.g., shipping address) to claim prizes.
- We are not liable for any delays in delivering prizes or for prizes that are lost, stolen, or damaged in transit.
9. User Obligations
When using the Website or Services, you agree to comply with the following obligations:
- You will not use the Website for any illegal or unauthorized purpose (e.g., fraud, hacking, distributing malware, or violating privacy laws).
- You will not interfere with the operation of the Website (e.g., overloading servers, disrupting networks, or bypassing security measures).
- You will not impersonate any person or entity, or falsify your affiliation with a person or entity.
- You will not collect or store personal information of other users without their explicit consent.
- You will not use the Website to send unsolicited commercial communications (e.g., spam).
10. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT OR UGC.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, any implied warranties are limited to the maximum extent permitted by law.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY FOR PRODUCTS OR SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM.
Some jurisdictions do not allow the limitation of liability for direct or consequential damages, so the above limitations may not apply to you.
12. Termination
We may terminate or suspend your access to the Website or Services at any time, without prior notice, if:
- You violate any provision of these Terms.
- We suspect fraudulent, illegal, or harmful activity associated with your Account.
- You fail to respond to requests for verification of your Account information.
Upon termination:
- Your right to use the Website and Services will immediately cease.
- You will no longer have access to your Account (unless we permit reinstatement).
- Any licenses granted to you (e.g., for UGC) will survive termination.
- Sections 5.1 (Rights in UGC), 7 (Intellectual Property Rights), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), and 15 (Miscellaneous) will survive termination.
13. Changes to These Terms
We reserve the right to update or modify these Terms at any time. When we do, we will post the revised Terms on the Website and update the “Last Updated” date at the top of this page.
You are responsible for reviewing these Terms periodically. If you continue to use the Website or Services after the revised Terms are posted, you acknowledge and agree to the changes. If you do not agree to the revised Terms, you must stop using the Website and Services immediately.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China, excluding its conflict of laws principles.
Any dispute arising out of or in connection with these Terms (including disputes regarding the Website or Services) shall be submitted to the people’s court with jurisdiction over the Company’s principal place of business (Xiuying District, Haikou City, Hainan Province, China) for resolution.
15. Contact Information
If you have any questions, concerns, or claims regarding these Terms or the Website, please contact us via:
- Email: info@aurabandana.com
- Contact Page: https://aurabandana.com/contact
16. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your use of the Website and Services, superseding all prior or contemporaneous agreements, communications, and understandings (whether oral or written).
- Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
- Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
- Assignment: We may assign these Terms to any third party without your consent. You may not assign these Terms without our prior written consent.