Ora Terms and Conditions of Sale
- Last Revised: March 29, 2015
- Applicability of Terms and Conditions.
Your purchase of Products from Ora is expressly made subject to this Agreement. The terms of this Agreement may be amended by Ora from time to time. You are bound by the version of this Agreement that is in effect on the date of your order of Products. This Agreement constitutes the complete agreement between you and Ora, and supersedes all prior communications, representations and agreements, written or oral. No additional or different terms or conditions set forth in any purchase order or other communication from you to Ora shall apply unless expressly agreed to in writing by Ora, and Ora hereby rejects any terms and conditions that are contrary to this Agreement.
You hereby represent and warrant that: (i) you are an individual acting in your individual capacity or as an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf; (ii) you possess the legal right and ability to make a credit card charge on your own behalf or on behalf of such other person or entity; (iii) you are at least eighteen (18) years of age; and (iv) all information that you submit to Ora is true, accurate, complete and current.
- Purchase of Products.
If you elect to purchase Products on or through the Site, you agree to the pricing and payment terms, as we may update them from time to time. You may place orders for Products on the Site by following the posted directions and fully and accurately completing all information requested (including without limitation, type and quantity of Products ordered, shipping information, and payment information). Once you place an order, the order will be transmitted to Ora for processing. All orders are subject to acceptance by Ora, and Ora reserves the right to reject any and all orders. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Ora reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to you or any customer. Verification of information may be required prior to the acceptance of any order. Once accepted, all orders are firm and non-cancelable by you. Orders will be deemed accepted by Ora unless Ora notifies you of a rejection in writing (including via email) within fourteen (14) days after you place the applicable order.
- Recurring Purchases.
You may purchase Products on an as-needed basis or by subscribing to the monthly purchase program (the “Program”). By subscribing to the Program, you agree that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription in the Program will be automatically extended for successive monthly periods, at the then-current subscription rate in accordance with this Section. To cancel your participation in the Program, you must log into your account and follow the applicable cancellation procedures or call us at (310) 579-9335, or email us at email@example.com and we will do it for you. You must make a cancellation or change to your subscription at least five (5) business days in advance of a scheduled shipment, otherwise the scheduled purchase and applicable charges in effect prior to such cancellation/change shall apply. Ora will process the monthly charge pertaining to the Program without further authorization from you, until you provide prior notice (pursuant to the above) that you have terminated this authorization or wish to change your payment method.
- Prices and Taxes.
The prices of our Products may vary, and we may add new Products for additional fees and charges at any time in our sole discretion. The prices for the Products shall be as set forth on the Site at the time that you place your order; however if there was an error on the posted price Ora shall inform you and the order will be cancelled or made subject to the correct pricing. Prices are stated in U.S. dollars and include packaging and packing charges, but exclude shipping and delivery charges. Prices shall be exclusive of all applicable customs duties and all federal, state, local, excise, sales, use and similar taxes. All such applicable amounts, if any, shall be separately stated by Ora and shall be charged to your credit card account.
Payment for the Products may only be through valid credit cards acceptable to Ora or gift cards/codes issued by Ora (gift cards/codes cannot be redeemed for cash and are only valid for purchase of Products on the Site). By submitting your order to Ora for processing (including providing your credit card information), you authorize Ora to charge the full amount of your order (including taxes, shipping, handling, insurance and related charges described to you on the Site) to your credit card. You agree to pay all charges incurred by users of your credit card used in connection with a purchase or transaction or other monetary transaction interaction with the Products and Site at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such purchases. Notwithstanding anything to the contrary set forth in this Agreement, if your credit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically, with or without notice to you. Any credit for Products that may become payable to you by Ora shall be credited to the credit card that you used to purchase the applicable Products.
- Shipping, Delivery and Risk of Loss.
Ora will have the Products shipped to you as they become available for shipment. You understand that normal delivery varies substantially from Product to Product, and that delivery dates are estimates only and not guaranteed. Ora reserves the right to ship your order in parts. All shipping, handling, insurance and related charges will be charged to your credit card. Title, and the risk of loss or damage while in transit, to all Products ordered by you will pass to you upon Ora’s tender of the Products to the common carrier at Ora’s facility. You must file all claims for loss or damage directly with the carrier, and you shall remain liable to Ora for the full purchase price of the Products notwithstanding any such loss or damage.
- Products Purchased for Personal Use Only.
You acknowledge and agree that the prices charged to you for the Products are based upon Ora’s understanding and belief that you will use the Products for personal purposes and will not resell the Products. You hereby expressly represent and warrant that you shall not market, resell or transfer the Products to any other party under any circumstance.
- Warranty and Returns.
The Products purchased by you are warranted only pursuant to the warranty information, if any, accompanying the Products. You acknowledge and agree that Ora has no obligation to provide a refund for any Products. Although we may grant refunds, we examine refunds on a case by case basis and have the sole discretion in granting or denying any refunds. You may return a Product only pursuant to the return procedures set forth on the Site or in the Order Summary/Return Slip accompanying the applicable Product. All returns must be made within thirty (30) days of the date on which the applicable Product was shipped to you, and you must first contact us for a RMA number and provide all information that we request. You must strictly comply with all instructions set forth on the Site or such Order Summary/Return Slip to receive a refund, credit or exchange, as applicable. Your sole remedy for any defective or unwanted Product is to return the Product to Ora as set forth above. If you return a Product without complying with the foregoing requirements, your return of the Product may be rejected by Ora or may be subject to a repackaging or restocking charge which Ora shall subtract from any refund Ora may provide to you. Please note that you are solely responsible for paying shipping, handling and insurance on returned Products unless such Products are returned due to defect, in each case as determined by Ora in its sole discretion. This limited warranty does not apply to any failure of a Product which in Ora’s absolute judgment is due to or as a result of: (i) your negligence, abuse, accident, improper use or other physical damage to the Product; (ii) using the Product for purposes other than as intended; (iii) combining the Product with other products not intended or recommended for use with the Product; (iv) causes beyond Ora’s control including, but not limited to, fire, flood, wind, freezing, biological infestations, unusual atmospheric conditions, or acts of war or acts of God; or (v) your violation of applicable laws or regulations regarding use of the Product.
- Disclaimer of Warranties.
THE WARRANTY AND REMEDIES SET FORTH IN SECTION 8 (“WARRANTY AND RETURNS”) ABOVE ARE YOUR SOLE AND EXCLUSIVE WARRANTY AND REMEDIES REGARDING PRODUCTS THAT YOU PURCHASE FROM THE SITE. ALL USE OF THE PRODUCTS IS AT YOUR OWN RISK. THE PRODUCTS AND ANY CONTENT AND INFORMATION PRESENTED ON THE SITE OR VIA THE PRODUCTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. ORA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE, SITE CONTENT OR PRODUCTS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN. ORA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCTS OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND ORA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER ORA NOR ITS AFFILIATES OR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT THE SITE MAY INCLUDE CERTAIN INACCURACIES OR TYPOGRAPHIC ERRORS (SUCH AS ERRORS IN POSTED PRICES, PRODUCTS INFORMATION AND THE LIKE) AND ORA SHALL NOT BE RESPONSIBLE OR OBLIGATED TO YOU IN ANY IN THE EVENT OF SUCH INACCURACIES OR ERRORS. Some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you.
- Limitation of Liability.
UNDER NO CIRCUMSTA