TERMS & CONDITIONS

These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Aurora Health & Wellness (“we,” “us” or “our”), concerning your access to and use of the Aurora Health & Wellness websites (accessible at www.aurorawellness.eu, www.aurorawellness.nl, www.aurorawellness.de, www.aurorawellness.be, www.aurorawellness.fr and www.aurorawellness.es) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason. It is your responsibility to periodically review these Terms & Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of the Site after the date such revised Terms & Conditions are posted.

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms & Conditions. If you do not agree with all of these Terms & Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Except as expressly provided in these Terms & Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

RESTRICTIONS

You are specifically restricted from all of the following without prior written consent given by Aurora Health & Wellness:

• publishing any Website material in any other media;
• selling, sublicensing and/or otherwise commercialising any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Aurora Health & Wellness may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

USER DATA

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

NO WARRANTIES

The information contained in this Website has been carefully provided by Aurora Health & Wellness. However, this Website is provided “as is,” with all possible faults therein. Aurora Health & Wellness gives no guarantees about the accuracy, current and completeness of the information contained in this Website, nor does Aurora Health & Wellness guarantee that any faults, limitations and or viruses are remedied, deleted or solved.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.Aurora Health & Wellness reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.Nothing in these Terms & Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PAYMENT

Payment of the invoice is required within 14 ("fourteen") days after the invoice date. Payment will be in Euro’s (€) and includes any applicable sales tax (such as but not limited to VAT, BTW, MwSt, TVA, IVA)unless otherwise agreed to in writing. Aurora Health & Wellness has the right to demand prepayment, cash payment or any other security from you. Until said prepayment, cash payment or any other security has been fulfilled, Aurora Health & Wellness has the right to suspend its obligations to you. You are expected to have agreed to the correctness of the invoice unless you have protested the correctness of the invoice in writing within 10 ("ten") days after the invoice date.

DELIVERY

All delivery times, shipping times and other timelines are indicative only and are based on estimates. Aurora Health & Wellness will make every effort reasonable to adhere to these estimates, but will not be in default solely by not meeting the estimated timelines. Aurora Health & Wellness provides its services on an effort commitment only.

DEFAULT

Any complaints about the services and/or products need to be submitted to Aurora Health & Wellness in writing through registeres mail within 10 ("ten") days after the date of delivery. The submission must include a detailed account of the complaint. If the complaint is deemed to be valid, Aurora Health & Wellness must be given ample opportunity to provide you with substitute products unless you can proof that this is no longer useful to you.

FORCE MAJEURE

In no event shall Aurora Health & Wellness be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Aurora Health & Wellness shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as practicable under the circumstances.

RETURN / REFUNDS POLICY

All sales are final. Purchases may be returned within 14 days for a full refund of the invoice amount for the purchase excluding shipping. This 14-day period does not apply to purchases when:

• goods made to order or clearly personalised
• sealed items have been unsealed upon receipt
• goods that have a hygienic or health function and / or are sold as being sterilised

The return period expires 14 days after the day you received your goods. If the return period expires on a non-working day, your deadline is extended till the next working day.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms & Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

LIMITATION OF LIABILITY

All information and materials on this Website are meant for general information purposes. No information contained on this Website shall be interpreted as (medical) advise. Any and all decisions made by you, as well as those based on information contained on this Website, are your responsibility and on your own account.

In no event shall Aurora Health & Wellness, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Aurora Health & Wellness, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

INDEMNIFICATION

You hereby indemnify to the fullest extent Aurora Health & Wellness from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contract, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

SEVERABILITY

If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms & Conditions or use of the Site.

ASSIGNMENT

Aurora Health & Wellness is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between Aurora Health & Wellness and you in relation to your use of this Website, and supersede all prior agreements and understandings.

These Terms & Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.

You agree that these Terms & Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms & Conditions and the lack of signing by the parties hereto to execute these Terms & Conditions.

GOVERNING LAW & JURISDICTION

These Terms will be governed by and interpreted in accordance with the laws of The Netherlands, and you submit to the non-exclusive jurisdiction of the state and federal courts located in The Netherlands for the resolution of any disputes.

QUESTIONS & FEEDBACK

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Aurora Health & Wellness
Annastraat 9
2611VV Delft
The Netherlands
info@aurorawellness.eu