Terms Of Service

Welcome to ORAÉ.

These Terms of Service (“Terms”) govern your access to and use of the ORAÉ website, online store, products, services, and related features (collectively, the “Services”).

The Services are operated by Laland Brand Management Co., Ltd. (“ORAÉ,” “we,” “us,” or “our”), the owner and operator of the ORAÉ brand.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies or terms referenced on our website, form the agreement between you and ORAÉ regarding your use of the Services.

You must be legally capable of entering into a binding agreement under the laws applicable to you to use our Services.

If you are under the age of majority in your place of residence, you may use the Services only with the involvement and consent of a parent or legal guardian where required by applicable law.

You may be required to provide accurate and complete information when creating an account or placing an order. You are responsible for maintaining the accuracy and security of your account information and for activities conducted through your account.

You agree not to use another person's account or provide false, misleading, or fraudulent information.

Because many of our products feature natural Baroque pearls and other natural materials, each piece may have its own unique shape, size, surface characteristics, color, luster, and other natural variations. The actual product you receive may therefore differ in appearance from the product images shown on our website. These differences are natural characteristics of the materials and are not necessarily defects or imperfections.

We also make reasonable efforts to display product colors and details accurately. However, colors and appearance may vary depending on photography, lighting, your device, display settings, and other factors.

We reserve the right to correct errors, update product information, and change or discontinue products at any time without prior notice.

Product availability may vary by location.

When you place an order through our Services, you are making an offer to purchase the selected products.

After receiving your order, we may send you an acknowledgment confirming that we have received your order. Your order is accepted when we send you an order confirmation or other notice expressly confirming acceptance.

We reserve the right to accept, refuse, or cancel any order for reasons including, but not limited to:

· product availability;

· errors in product or pricing information;

· suspected fraud or unauthorized activity;

· shipping or delivery limitations;

· suspected violation of these Terms; or

· other legitimate business or legal reasons.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled order in accordance with our Refund Policy and applicable law.

You agree not to purchase products for unauthorized commercial resale or in violation of any applicable law.

Prices displayed on our website are subject to change without notice.

Unless otherwise stated, prices may not include shipping charges, taxes, customs duties, import fees, or other charges that may apply to your order depending on your location and shipping method.

You are responsible for any applicable taxes, duties, customs charges, or other import fees unless we expressly state otherwise at checkout or in a specific promotion.

Payment must be received before an order is processed, unless otherwise agreed by ORAÉ.

Payment information may be collected and processed by Shopify and/or third-party payment service providers. We generally do not have access to your complete payment card information.

We reserve the right to correct pricing or other errors and, where appropriate, cancel affected orders and refund any amounts paid.

We will arrange shipment of accepted orders to the address provided by you at checkout.

Delivery times shown on our website are estimates unless expressly stated otherwise and are not guaranteed.

Delivery may be affected by factors outside our reasonable control, including carrier delays, customs processing, weather, natural disasters, strikes, government actions, or other unforeseen events.

Depending on your location and shipping method, additional customs duties, taxes, import fees, or other charges may apply. Unless expressly stated otherwise, these charges are the responsibility of the customer.

You are responsible for providing a complete and accurate delivery address.

If an order cannot be delivered because of an incorrect or incomplete address, refusal to accept delivery, or failure to comply with applicable customs requirements, additional shipping or other charges may apply.

Where permitted by applicable law, responsibility for loss or damage during delivery will be determined in accordance with the applicable shipping terms and law.

Returns, exchanges, cancellations, and refunds are subject to our Refund Policy.

Please review our Refund Policy before placing an order.

Nothing in these Terms or our Refund Policy limits any mandatory consumer rights or remedies that cannot lawfully be excluded or limited under applicable law.

The Services and their content, including ORAÉ trademarks, logos, product names, designs, photographs, images, graphics, videos, text, product descriptions, website design, and other materials, are owned by ORAÉ, our legal entity, our affiliates, or our licensors and are protected by applicable intellectual property laws.

You may access and use the Services for your personal, non-commercial purposes and in accordance with these Terms.

You may not, without our prior written permission:

· copy, reproduce, modify, distribute, or republish our content;

· use ORAÉ trademarks, logos, or brand elements;

· sell, license, or commercially exploit our content;

· create derivative works based on our content; or

· use our content or intellectual property in a manner that suggests an affiliation or endorsement by ORAÉ.

Nothing in these Terms grants you ownership of or any license to our intellectual property except as expressly permitted by these Terms.

We may provide access to third-party tools, applications, or services through our Services that we do not operate or control.

Such third-party tools are provided by their respective providers and may be subject to their own terms and policies. To the extent permitted by applicable law, ORAÉ is not responsible for the availability, functionality, or performance of third-party tools.

Your use of any third-party tools is at your own discretion and may be subject to the terms and conditions of the relevant third-party provider.

We may introduce new features, tools, or services through the Services from time to time. Any such features, tools, or services will be subject to these Terms unless otherwise stated.

Our Services may use or provide access to third-party services, applications, payment providers, shipping providers, analytics tools, advertising services, social media services, or other third-party technologies.

We are not responsible for the content, availability, security, or privacy practices of third-party services that we do not control.

Our Services may also contain links to third-party websites. These links are provided for convenience and do not necessarily constitute an endorsement or recommendation by ORAÉ.

Your use of third-party services and websites may be subject to their own terms and policies.

Our online store is powered by Shopify, which provides the ecommerce platform that allows us to offer our products and Services to you.

Your personal information may be collected and processed through Shopify in connection with your use of our Services.

Shopify may also process personal information in accordance with its own privacy policy and applicable terms.

Our use of Shopify does not change the fact that your purchase is made from ORAÉ, and these Terms govern your relationship with ORAÉ.

Our collection, use, disclosure, retention, and protection of personal information are described in our Privacy Policy.

By using our Services, you should review our Privacy Policy to understand how we handle personal information.

Where applicable, third-party service providers, including Shopify, payment providers, analytics providers, and advertising providers, may process personal information in accordance with their own applicable policies and terms.

If you submit reviews, comments, photographs, suggestions, ideas, recommendations, or other content to us (“Feedback”), you grant ORAÉ a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, display, distribute, and otherwise use that Feedback in connection with our business, including marketing and promotional activities.

You represent that:

· you own or otherwise have the necessary rights to submit the Feedback;

· the Feedback does not infringe the rights of another person;

· the Feedback is not unlawful, misleading, defamatory, abusive, or otherwise inappropriate; and

· your submission of the Feedback does not violate any agreement or obligation you have with another party.

We may remove or decline to publish Feedback at our discretion.

From time to time, our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, availability, shipping information, or other content.

We reserve the right to correct errors, update information, and cancel or modify orders affected by such errors where permitted by applicable law.

We may also modify, suspend, or discontinue any part of the Services at any time.

We are not required to update all information on the Services unless required by applicable law.

You may use our Services only for lawful purposes and in accordance with these Terms.

You may not use the Services to:

· violate any applicable law or regulation;

· infringe or violate our intellectual property rights or the rights of others;

· engage in fraud, deception, or other unlawful activity;

· interfere with the security, operation, or functionality of the Services;

· transmit viruses, malware, or other harmful code;

· collect or track personal information of others without authorization;

· send spam or other unauthorized communications;

· impersonate another person or entity;

· use the Services for unauthorized commercial resale;

· attempt to gain unauthorized access to our systems or accounts;

· engage in any activity that violates these Terms or applicable law.

We reserve the right to suspend or restrict access to the Services where we reasonably believe that these Terms have been violated.

You may not use automated agents, bots, crawlers, scrapers, AI agents, or similar technologies to access, interact with, or collect information from the Services in a manner that:

· violates these Terms;

· bypasses our security measures;

· interferes with the operation of the Services; or

· copies or extracts substantial portions of our content without our permission.

We may use reasonable technical measures to limit or restrict automated access to the Services.

We may suspend or terminate your access to the Services, or refuse to fulfill an order, if we reasonably believe that you have violated these Terms, engaged in fraudulent or unlawful activity, or otherwise misused the Services.

You may stop using the Services at any time.

Provisions that by their nature should survive termination, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law, will continue to apply after termination.

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that:

· the Services will always be available or uninterrupted;

· the Services will be secure or error-free;

· information provided through the Services will always be complete or accurate; or

· the Services will meet every user's particular requirements.

To the fullest extent permitted by applicable law, we disclaim warranties that are not expressly stated in these Terms.

Nothing in these Terms excludes or limits any warranty, guarantee, right, or remedy that cannot lawfully be excluded or limited under applicable law.

To the fullest extent permitted by applicable law, ORAÉ and its directors, officers, employees, affiliates, service providers, and licensors will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, business, data, or goodwill arising out of or related to your use of the Services or products purchased through the Services.

To the fullest extent permitted by applicable law, our total liability arising out of or relating to your use of the Services or products purchased through the Services will not exceed the amount you paid to us for the specific product or service giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless ORAÉ, Laland Brand Management Co., Ltd., its affiliates, officers, directors, employees, service providers, and licensors from claims, liabilities, damages, losses, and reasonable expenses arising out of or related to:

· your violation of these Terms;

· your unlawful or unauthorized use of the Services;

· your infringement of the rights of ORAÉ or another person; or

· your violation of applicable law.

This obligation does not apply to the extent that a claim results from ORAÉ's own unlawful conduct or negligence where such liability cannot lawfully be excluded.

These Terms are governed by and construed in accordance with applicable law.

Any dispute arising out of or relating to these Terms or the Services will be handled in accordance with applicable law. Nothing in these Terms limits any mandatory rights or remedies available to you under the laws that apply to you.

We may update these Terms from time to time to reflect changes in our business, Services, technology, legal requirements, or other circumstances.

When we make changes, we will post the updated Terms on our website and update the “Last Updated” date.

Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the updated Terms to the extent permitted by applicable law.

If a change requires your express consent under applicable law, we will obtain that consent where required.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

These Terms, together with the policies and documents expressly referenced in them, constitute the agreement between you and ORAÉ concerning your use of the Services, except where applicable law provides otherwise.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where permitted by applicable law.

We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, restructuring, sale of assets, or similar business transaction.

If you have any questions about these Terms, please contact us:

ORAÉ
Laland Brand Management Co., Ltd.
Email: support@byorae.com