TERMS & CONDITIONS

INTRODUCTION

Welcome to the AYIRABEAUTY.COM website and co-branded versions of the website located at URLs that resolve to the domain name AYIRABEAUTY.COM (the “Website” or “Site”). As you have no doubt experienced with virtually all websites, your use of this Site is subject to certain terms and conditions of use (these “Terms”) set forth below. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE AND/OR PLACING AN ORDER FROM THIS SITE, YOU ACCEPT THESE TERMS AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE AN ORDER FROM THE SITE.

These Terms constitute an agreement between you (hereinafter, “you” or “your”) and AYIRA BEAUTY, a brand organized under the laws of the State of Alabama with its principal address at 739 N. UNIVERSITY BLVD., MOBILE, AL 36608 doing business as ALQUEMIE (hereinafter, “us,” “our,” “we,” or the “Vendor”), in relation to your use of the Website, the goods/services offered and sold through this Website, and any orders you place through the Website (collectively, the “AYIRA Services”). Before you place an order, please carefully read these Terms and our Privacy Policy. 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. 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.

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 and Conditions”). 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. Enquiries about these Terms of Service should be sent to support@ayirabeauty.com

These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.

In these Terms and Conditions:

“Account” means the account that you will need to use if you would like to submit an Order on the Site;

“Confirmation of Order” means our email to you;

“Customer” means individual who places an Order on the Site;

“Order” means the order submitted by you to the Site to purchase a Product from us;

“Product” means the goods or services provided on the Site;

“you” means the Customer who places an Order;

“Site” means “http://www.ayirabeauty.com” “www.ayira-beauty.com”

If you have any questions about the Terms or the Privacy Policy, you may contact us through our contact web form.

ONLINE STORE 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.

USE OF OUR WEBSITE

You agree that:

You may only use the Website to make legitimate inquiries or orders.

You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information).

If you do not provide the necessary information needed, we will not be able to fulfill your order.

You will not attempt to interfere or interfere in any way with the Site's or our networks or network security, or attempt to use the Site's service to gain unauthorized access to any other computer system.

You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.

You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.

By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

GENERAL CONDITIONS

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.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

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.

SERVICE AVAILABILITY

Items offered through this Website are only available for delivery to residents of the United States and select countries and/or territories abroad. We do not ship to P.O. Boxes or restricted countries. Orders that are received indicating a P.O. Box or address within a restricted country will be canceled and refunded as soon as possible.

HOW PURCHASE CONTRACTS ARE FORMED

No contract (“Contract”) in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded via Paypal.

To place an order, you will be required to follow the shopping process online, agree to the terms and conditions and press the “Authorize payment” button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Shipment Confirmation”). We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.

PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products that appear on our online store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

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. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime 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.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ORDERING

To place an order with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. You may not use our Product for any illegal or unauthorized purpose nor may you, in the use of the Product, violate any laws in your jurisdiction including but not limited to patent, trademark and copyright laws.

These Terms and Conditions apply to all Orders made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions.

Nothing in these Terms and Conditions affects your statutory rights under any laws.

These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms and Conditions shall be binding unless agreed by us in writing.

We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other acknowledgement of your Order by us is purely for information purposes and does not constitute the acceptance of Order. We may give you an Order reference number and details of the Product you have ordered and may at our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order).

We may cancel an Order if the Product is unavailable for any reason and we will notify you if this is the case and return any payment that you have made. In the case that a product is unavailable, we will refund the money received from you for that particular item using the same method originally used by you to pay for the Product.

We reserve the right to cancel, deny or void any order that seems suspicious, fraudulent or fails to comply to our terms, conditions or policies.

REFUSAL OF ORDER

We reserve the right to withdraw any product from this Website at any time and/or remove or edit any materials or content on this Website. While we will take reasonable efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from this Website, whether it has been sold or not, removing or editing any materials or contents on this Website or for refusing to process or accept an order after we have sent you the Order Confirmation. We reserve the right to cancel, deny or void any order that seems suspicious, fraudulent or fails to comply to our terms, conditions or policies.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the 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.

PRODUCTS OR SERVICES (if applicable)

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. 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.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 through our online store. You agree to provide updated information, including your shipping and email addresses as well as credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.

Packages deemed undeliverable by USPS will be cancelled and refunded once returned to and received by us at our shipping hub. Refunds typically take up to 7-14 business days to process.

For more detail, please review our Returns Policy by clicking here.

REFUNDS AND RETURNS

We guarantee to refund unused items you are not completely happy with when you return it to us within 14 days of the Shipment Confirmation. You shall receive a full refund of the price paid for the products in accordance with our Returns Policy. Refunds will be credited to your original method of payment.

Your right to a refund only applies to unused items that are returned in the same condition as you received them. Any product which is damaged or not in the same condition as you received it will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession and where possible, the original boxes, instructions/documents and wrappings should be retained and used for the return of the product(s). Please note that international orders may acquire additional fees (i.e.- customs, imports, duties, additional shipping charges, etc) that the customer is held accountable for. AYIRA is not held responsible for these fees and unfortunately cannot determine these fees at the time of purchase for each country or international jurisdiction. Customer understands that failure to pay additional fees will result in the product being returned to sender. Once product is shipped back to us, customer may not claim a refund for shipping fees. Any additional customs, shipping import or duties that remain will be deducted from the customers refund.

DELIVERY

We aim to deliver within the time indicated by us at the time of your Order but we cannot promise an exact date of delivery when you submit your Order. We always aim to deliver within a reasonable time from the date of any Order which we accept but we cannot guarantee nor confirm any exact delivery dates.

We shall use our reasonable endeavors to contact you if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

Please note that delivery to Alaska and Hawaii can take up to 20 working days of the Shipment Confirmation.

Reasons for delay could include:

peak order periods, customization of products; specialized items; unforeseen circumstances; inclement weather, natural disasters, biological disasters, strikes, political or civil unrest, national and regional holidays, electric or electronic failure(s), delivery issues with the carrier, customs delays or any other unforeseen matter.

If for any reason whatsoever, we cannot meet the delivery date, you will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. Please note however, that we do not deliver on Sundays or major/regional holidays.

We do not require a signature upon delivery. Should you select that option at checkout, please be aware that our carrier, USPS will make attempts to deliver your parcel before initiating a return to sender. For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to "have been delivered" upon signature receipt of the products at the agreed delivery address.

On delivery of the Product, you may be required to sign for delivery, therefore please make sure you are available to sign for and accept the package. You agree to inspect the Product for any obvious faults, defects or damage as soon as possible and to notify us of any discrepancies.

We deliver in our standard packaging and do not offer any special packaging requests.

All risk in the Product shall pass to you once items are passed to USPS for delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

You must take care when opening the Product so as not to further damage it, particularly when using any sharp instruments.

UNABLE TO DELIVER

An attempt will be made by USPS to deliver your package(s). Please note that AYIRA does not require a signature for the delivery of all orders. Those orders which cannot be delivered will be returned to our fulfillment center and a refund, excluding shipping charges, will be granted. Please refer to our refund process for more information. If you presume that your item(s) are lost, please contact USPS with your tracking number for further information.

Please note that international orders may acquire additional fees (i.e.- customs, imports, duties, additional shipping charges, etc) that the customer is held accountable for. AYIRA is not held responsible for these fees and unfortunately cannot determine these fees at the time of purchase for each country or international jurisdiction. Customer understands that failure to pay additional fees will result in the product being returned to sender. Once product is shipped back to us, customer may not claim a refund for shipping fees. Any additional customs, shipping import or duties that remain will be deducted from the customers refund.

RISK AND TITLE

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, should this be later.

PRICE AND PAYMENT

You must pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us. You may also pay by any other method that we have represented that is acceptable to us, but in any event we shall not be bound to supply the Product before we have received cleared funds in full.

If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us. You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.

The price of the products shall be the one quoted from time to time on our Website, except where there is an apparent error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time, but (except as provided above) any potential change will not affect any order for which a Order Confirmation has been sent, therefore (except as provided above) price adjustments on previous orders are not permitted.

We follow all applicable sales tax regulations for the jurisdictions where we do business. Sales tax is charged (if applicable) according to the shipping address of your order. Please note that international orders may acquire additional fees (i.e.- customs, imports, duties, additional shipping charges, etc) that the customer is held accountable for. AYIRA is not held responsible for these fees and unfortunately cannot determine these fees at the time of purchase for each country or international jurisdiction. Customer understands that failure to pay additional fees will result in the product being returned to sender. Once product is shipped back to us, customer may not claim a refund for shipping fees. Any additional customs, shipping import or duties that remain will be deducted from the customers refund.

Once you have finished shopping, all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:

Click the “Shopping Cart” icon at the top right of the page. Then click the “See bag” button. Click the “Process order” button. Fill in or check your contact details, the details of your order, the delivery address and the invoicing address. Fill in your credit card details. Finally, click the “Authorize payment” button.

Payment can be made by Visa, MasterCard, American Express and Discover via PayPal. To minimize the possibility of unauthorized access, the details of your card will be encrypted. We will make a pre-authorization on your card to ensure there are enough funds to complete the transaction. In order to avoid international credit card transaction charges, payment for orders will be made to Alquemie Product Development Group LLC. By clicking on the “Authorize Payment” button, you are confirming that the credit card is yours or that you are the legitimate owner of the card. Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.

We use PayPal to ensure payment is made safely and securely.

EXCHANGES/RETURNS POLICY

Returns in the exercise of the right to cancel your purchase

General policy: If you wish to receive a refund within the period specified, you can make a return to us at a drop off location of the Courier arranged by you. You should send the product in the same package received by following the directions on the “RETURNS” section of our Website. You will be responsible for the cost of returning the product to us.

If you have any doubts, you can contact us through our web form or via email to support@ayirabeauty.com

Please use or include with the product being returned, all original boxes, instructions/documents and wrappings. After reviewing the product, we will let you know whether or not you have a right to a refund. We will process your refund as soon as possible and in any case; within 30 days of the date the returned goods have been received. We will refund any money received from you using the same method used to make payment. If your card expires before we process your refund please contact our customer service team with your order number.

Such products which are not in the same conditions as they were shipped or which have been used, shall not be exchanged or refunded. We do not offer any exchanges or store credits.

RETURNS OF DEFECTIVE PRODUCTS

In circumstances where you consider that the product does not conform to your order, you should promptly contact us via our web form with details of the product and its damage.

You may return the product to us by shipping it through the Courier of your choice within 14 days of delivery confirmation. Upon receipt of the returned product, we will fully examine it and notify you of your right to a replacement or refund (if any) via e- mail within 30 days upon receipt.

In case of existence of any defect, defective products will be refunded in full for the price made at purchase. Refunds will not include delivery charges or any costs incurred by you in returning the item. We will refund any monies using the method used during the transaction.

LIABILITY AND DISCLAIMERS

Our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product.

We publish information on this Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in this Site will be available for purchase in all jurisdictions.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

We make no warranties of any kind regarding any non-AYIRA sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-AYIRA sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL AYIRA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF AYIRA OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

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 ayirabeauty.com, ayira-beauty.com, 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.

Limitation of Liability

You acknowledge and agree that we limit our liability in respect of all claims, at our option, to:

the supply of the Product again; or

the payment of the cost of having the Product supplied again.

You agree that our total aggregate liability for all claims relating to the Product is limited to US $10.00 (USD).

You agree to indemnify us in relation to all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from any defective Product. To the full extent permitted by law, we exclude all representations or terms (whether express or implied) other than those expressly set out on the Site and these Terms and Conditions.

We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen. We may cancel an Order by written notice to you.

INTELLECTUAL PROPERTY

The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials”), is AYIRA property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of AYIRA. We grant you a personal, limited, non-exclusive, non- transferable license to access the Site and to use the information and services contained on the Site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

As between you and AYIRA, (or any other company whose marks appear on the Site), AYIRA (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The AYIRA logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “AYIRA Intellectual Property”) are owned by AYIRA and may be registered in the United States and internationally. You agree not to display or use the AYIRA Intellectual Property in any manner without AYIRA's prior permission. Nothing on the Site should be construed to grant any license or right to use any AYIRA Intellectual Property without the prior written consent of AYIRA.

Except as otherwise provided herein, use of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by AYIRA. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, Ireland, and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using this Website to the extent necessary to make a copy of any order.

COPYRIGHT AND/OR TRADEMARK INFRINGEMENT

If you believe a work on the Site constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent with a written communication containing the following information:

Evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark; a description of the copyrighted work or trademark that you claim has been infringed; description of where the alleged infringing material is located on the Site, including the permalink where the material is located; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf; and your physical or electronic signature.

AYIRA.'s Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at support@ayirabeauty.com

INDEMNITY

You agree to defend, indemnify and hold AYIRA, its parent company, subsidiaries, partner(s), contractor(s), licensor(s), service provider(s), subcontractor(s), supplier(s), intern(s), director(s), owner(s), officer(s), employee(s), agent(s) and affiliate(s) harmless from any and all claims, demands, liabilities, damages, costs and expenses, including reasonable hospital, insurance or attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right and/or any 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.

WRITTEN COMMUNICATIONS

When using our site, you accept that communication with us will be electronic. We will contact you via e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

REGISTRATION, PASSWORDS, AND SECURITY

To access some of our services you will have to complete an online form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete.

You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release AYIRA from any and all liability concerning such transactions or activity. You agree to notify AYIRA immediately of any actual or suspected loss, theft or unauthorized use of your account or password. AYIRA has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. AYIRA will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please click here.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains 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, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate 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.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our website or its content along with our third-party social media platforms: (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 or platforms for violating any of the prohibited uses.

POSTED CONTENT AND SUBMISSIONS

As part of your use of the Site and services offered on or through the Site, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or e-mail us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the “Posted Content”) on the Site. You hereby grant AYIRA a right (including any moral rights) and worldwide license to use the Posted Content on the Site and to promote and advertise the Site and AYIRA in any way.

You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:

Post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it; post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it; post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity; post any chain letter or pyramid scheme; or post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

AYIRA does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. AYIRA does not confirm that each user is who he or she claims to be. AYIRA exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred AYIRA is in no way liable for such misuse. Because AYIRA is not involved in user-to- user dealings and does not control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release AYIRA from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. AYIRA acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If AYIRA becomes aware of any Posted Content that allegedly may not conform to these Terms of Use, AYIRA may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. AYIRA has no liability or responsibility to Users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. AYIRA expects that you will use caution and common sense when using the Site and Services.

AYIRA HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST AYIRA FOR SUCH REMOVAL AND/OR DELETION.

AYIRA IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

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.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. 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 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.

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.

We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that AYIRA has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through this Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, AYIRA by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by AYIRA

NOTICES

All notices given by you to us should be given to us preferably via our web form. Subject to and as otherwise specified in the clause above, we may give notice to you at either the e-mail or postal address you provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e- mail that such e-mail was sent to the specified e-mail address of the addressee.

BINDING NATURE; ASSIGNMENT

These Terms and our Privacy Policy are binding on you and us and on our respective heirs, successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms or our Privacy Policy, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and our Privacy Policy, or any of our rights or obligations arising under them, at any time.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

Strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other unforeseen natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government; any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

WAIVER

No failure of AYIRA to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the clause on Notices above.

SEVERABILITY

In the event that any provision of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful, void or unenforceable to any extent, such term, condition or 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.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.

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.

GOVERNING LAW

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 the State of Alabama and the jurisdiction of 739 N. University Blvd. Building 1, Suite 140, Mobile, AL 36608 (Mobile County).

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You will be subject to the Terms and AYIRA’s policies in force at the time that you order products from us, unless any change to those policies, Terms or Privacy Policy is required to be made by law or governmental authority, in which case it will apply to orders previously placed by you.

General Provisions

No failure or delay by us in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms and Conditions.

If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

No person who is not a party to these Terms and Conditions or an Order shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Order its assent to any such term.

These Terms and Conditions and Order shall be governed and construed in accordance with the laws of the state of Alabama. You hereby agree to submit to the non-exclusive jurisdiction of the courts Mobile County within the state of Alabama (USA).

LAW AND JURISDICTION

Any disputes arising out of or relating to these Terms, PRIVACY POLICY, use of the Site, the products sold on the Site, and the services offered via the Site shall be resolved in accordance with the laws of the state of Alabama, without regard to its conflict of law rules. Any disputes, actions or proceedings relating to this Agreement or your access to or use of the Site must be brought in the Federal or state courts of the state of Alabama and you irrevocably consent to the exclusive jurisdiction and venue of such courts. AYIRA makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.

QUESTIONS, FEEDBACK and CONTACT

We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via our web form. Questions about the Terms of Service should be sent to us at support@ayirabeauty.com