Terms of service
Terms of Service
OVERVIEW
This website is operated by Ciravera. Throughout the site, the terms "we", "us" and "our" refer to Ciravera. Ciraveraoffers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service & Sale ("Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms 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 carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website or use any Services.
Any new features or tools added shall also be subject to these Terms. You may review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates on the website. Your continued use of the site constitutes acceptance of those modifications.
Our store is hosted on Shopify Inc., which provides us with the ecommerce platform used to process transactions and deliver our Services.
SECTION 1 — 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 have given consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction in the use of this Service.
You must not transmit worms, viruses, or destructive code.
A breach or violation of any of these Terms will result in termination of access.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that content (excluding credit card information) may be transferred over networks unencrypted and modified to adapt to technical requirements. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without written permission.
SECTION 3 — ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated.
Material is provided for general use and should not be relied upon exclusively.
We may update content at any time but are not obligated to.
SECTION 4 — MODIFICATIONS TO SERVICE & PRICING
Prices are subject to change without notice.
We reserve the right to modify or discontinue the Service without notice.
We are not liable for modifications, price changes, or discontinuation.
SECTION 5 — PRODUCTS OR SERVICES
Certain products may only be available online and in limited quantities. Products are subject to return or exchange per our Refund Policy.
We strive for accurate product representation but cannot guarantee screen-accurate color display.
We reserve the right to limit product sales, limit quantities, discontinue items, and refuse orders.
SECTION 6 — ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse orders. We may limit or cancel orders placed under the same name, email, card, or address.
You agree to maintain accurate account and payment details to ensure transaction completion.
SECTION 7 — OPTIONAL THIRD-PARTY TOOLS
We may offer access to third-party tools without control or monitoring.
Use is at your own risk and subject to terms of the third-party provider.
Future features and updates will also be subject to these Terms.
SECTION 8 — TERMS OF SERVICE
Customer Support SMS Program
Text messaging originator opt-in data and consent will not be shared with any third parties, except as necessary to provide the SMS service (e.g., with aggregators and service providers). Mobile phone contact information will not be shared, sold, rented, or otherwise disclosed to third parties for marketing or promotional purposes.
Ciravera's Customer Support SMS program is separate from our marketing communications. Customers opt in by texting our Customer Support number listed on our Contact Us page, or by providing their phone number to our Customer Support team during a support interaction. Messages are used solely for customer service and transactional purposes, including order updates, billing support, subscription inquiries, and account assistance. Message frequency varies. Message and data rates may apply. Customers may opt out at any time by replying STOP, or reply HELP for assistance.
SECTION 8A — THIRD-PARTY LINKS
Third-party content may appear on our site. We are not responsible for accuracy, legality, or quality of third-party content or sites.
You agree to direct complaints or claims regarding third-party products to the third-party.
SECTION 9 — USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
By submitting content (comments, ideas, suggestions, etc.), you grant us unrestricted rights to edit, use, publish or distribute them.
You agree submissions will not violate rights of others or contain harmful or illegal materials.
We may—but are not required to—monitor and remove content we deem inappropriate.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy.
Replace:
https://resilia.shop/policies/privacy-policy
with your own Privacy Policy URL once your store is live.
SECTION 11 — ERRORS, INACCURACIES & OMISSIONS
We reserve the right to correct errors relating to product descriptions, pricing, promotions, shipping, and availability.
We have no obligation to update information unless required by law.
SECTION 12 — PROHIBITED USES
You are prohibited from using the site for:
- (a) unlawful purpose
- (b) soliciting others to commit unlawful acts
- (c) violating laws or regulations
- (d) violating intellectual property rights
- (e) harassment, abuse, discrimination, defamation
- (f) false or misleading information
- (g) malware or malicious code
- (h) collecting personal information
- (i) spamming, crawling, scraping
- (j) obscene or immoral purposes
- (k) interfering with security features
Violation may result in termination of access.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, secure, or error-free Service.
Your use of the site is at your own risk.
Products and Services are provided "as is" and "as available."
We shall not be liable for damages including lost revenue, data, profit, replacement costs, or consequential damages.
Liability is limited to the maximum extent permitted by law.
SECTION 14 — INDEMNIFICATION
You agree to indemnify and hold Ciravera harmless against claims or damages resulting from breach of these Terms or violation of law or rights.
SECTION 15 — SEVERABILITY
If any provision is deemed unlawful or unenforceable, the remainder remains valid.
SECTION 16 — TERMINATION
These Terms remain active until terminated by either party.
You may terminate by ceasing use of the site and notifying us.
We may suspend or terminate your account for violations.
SECTION 17 — ENTIRE AGREEMENT
These Terms constitute the entire agreement governing site use.
Failure to enforce any right does not waive future enforcement.
SECTION 18 — GOVERNING LAW
These Terms are governed by U.S. law.
However, for purchases, subscriptions, returns, billing, and disputes, Section 19 (Terms of Sale) controls.
SECTION 19 — TERMS OF SALE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU OPT OUT.
BY PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CIRAVERA OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through the Ciraverawebsite (the "Site"). These Terms are subject to change by Ciravera (referred to as "Ciravera," "us," "we," or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion.
After receiving your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Ciravera and you will not take place unless and until you have received your order confirmation email.
3. No Medical Advice; Accuracy, Completeness, and Timeliness of Information
The material on the Site is provided for general informational purposes only and is not intended as medical advice or as a substitute for seeking advice from a qualified healthcare provider.
The information provided on this Site has not been evaluated by the relevant regulatory authorities and is not intended to diagnose, treat, cure, or prevent any disease. You should consult your healthcare provider before using any information provided by Ciravera.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
This Site may contain certain historical information. Historical information 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 Website. You agree that it is your responsibility to monitor changes to our Site.
Ciravera does not guarantee that you will accomplish your health and wellness goals. Individual results may vary depending on factors such as age, health, lifestyle, and genetics.
4. Prices and Payment Terms
(a)
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Price increases will only apply to orders placed after such changes.
Posted prices do not include taxes or shipping and handling charges. All applicable taxes and shipping costs will be added to your order total and displayed during checkout and in your order confirmation email.
We are not responsible for pricing, typographical, or other errors and reserve the right to cancel any orders resulting from such errors.
(b)
By submitting payment information to us, you represent and agree that:
- You are fully authorized to use that payment method.
- All payment information provided is complete and accurate.
- You are responsible for any payment processing or card fees.
- Sufficient funds are available to complete your purchase.
We and our third-party payment providers may receive updated payment information from your card issuer, including updated card numbers and expiration dates. If updated information is provided, we may update your account accordingly.
If you wish to opt out of your card issuer's automatic updating service, please contact your card issuer directly.
We are not responsible for fees charged by your bank or card issuer.
If a payment is reversed or charged back, we reserve the right to seek payment through another method.
5. Automatic Renewals
You will automatically be charged on the billing schedule selected during checkout for your ongoing subscription.
YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL.
If you do not cancel your subscription at least 24 hours before your next scheduled billing date, your subscription will automatically renew and payment will be processed using your saved payment method.
To cancel, simply log in to your account and cancel your subscription before your next billing date.
Cancellation requests received after a billing date will take effect for the following billing cycle.
Ciravera reserves the right to refuse renewal of any subscription at its sole discretion.
6. Shipments; Delivery; Title and Risk of Loss
(a)
We will arrange shipment of the products to you.
Delivery options are displayed during checkout.
You are responsible for all shipping and handling charges shown during the ordering process.
(b)
Title and risk of loss pass to you when we transfer the products to the shipping carrier.
Shipping and delivery dates are estimates only and cannot be guaranteed.
Ciravera is not liable for carrier delays or shipping delays beyond our control.
7. Refunds and Returns
To be eligible for a refund, all of the following conditions must be be met:
- Refund requests must be submitted within thirty (30) days of the confirmed delivery date.
- Requests submitted after thirty (30) days are not eligible.
- Shipping and handling fees are non-refundable.
- Product returns are generally not required and will not be accepted unless otherwise instructed.
- Refund eligibility is strictly limited to the thirty (30) day period following confirmed delivery.
8. Electronic Communications
(a)
You consent to receive electronic communications from Ciravera via email sent to the address associated with your account or through notices posted on the Site.
You acknowledge that electronic communications satisfy any legal requirement that such communications be in writing.
The frequency of communications may vary depending on your purchases, account activity, and interactions with the Site.
(b) SMS / Text Messaging
By providing your telephone number to Ciravera and opting into any SMS program by clicking "I Agree" or another applicable consent mechanism, you consent to receive transactional, promotional, and marketing SMS messages from or on behalf of Ciravera.
- Message frequency may vary.
- Message and data rates may apply.
- Mobile carriers are not responsible for delayed or undelivered messages.
- Delivery depends on your mobile carrier.
We may share your SMS consent status with trusted service providers solely for the purpose of delivering our messaging services.
SMS data will be used only to administer the messaging program and in accordance with our Privacy Policy.
You may opt out at any time by replying STOP to any text message you receive.
For assistance, reply HELP or contact us at:
Email: support@ciravera.com
9. Disclaimer of Warranties
EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, THE SITE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS EXPRESSLY STATED OTHERWISE.
EXCEPT AS SPECIFICALLY PROVIDED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CIRAVERA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CIRAVERA, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, SUPPLIERS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
- The use of, or inability to use, the Site;
- The use of, or inability to use, products purchased on the Site; or
- The cost of obtaining substitute products or services.
IN NO EVENT WILL CIRAVERA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO CIRAVERA DURING THE PREVIOUS TWELVE (12) MONTHS OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100).
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES. WHERE SUCH LAWS APPLY, THE ABOVE LIMITATIONS SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
11. Goods Not for Resale or Export
You represent and warrant that you are purchasing products or services from the Site solely for your own personal or household use and not for resale or export.
You agree to comply with all applicable laws and regulations governing your purchase and use of these products or services.
12. Privacy
Our Privacy Policy governs the processing of all personal information collected in connection with your purchase of products or services through the Site.
Replace the existing privacy policy URL with your own Ciravera Privacy Policy once your website is live.
13. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted under these Terms, for any delay or failure to perform resulting from events beyond our reasonable control, including but not limited to:
- Acts of God
- Flood
- Fire
- Earthquake
- Explosion
- Government actions
- War
- Terrorism
- Civil unrest
- National emergency
- Pandemic or epidemic
- Lockouts or labor disputes
- Carrier delays
- Supply shortages
- Telecommunications failures
- Power outages
14. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms shall be governed by and interpreted in accordance with the laws applicable to the jurisdiction in which Ciravera is legally registered, without regard to conflict of law principles.
15. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT.
(a)
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, CIRAVERA'S PRIVACY POLICY, TERMS OF SALE, ADVERTISING OR MARKETING PRACTICES, PRODUCTS, OR SERVICES SHALL BE RESOLVED THROUGH FINAL, BINDING, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR.
The arbitrator may only resolve disputes between you and CIRAVERA and may not hear class actions or representative claims.
If any portion of this arbitration agreement is found unenforceable, only that portion shall proceed in court while the remaining provisions shall remain subject to arbitration.
(b)
Notwithstanding the foregoing, CIRAVERA may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
(c)
Unless you timely opt out, you waive the right to:
- Have a court or jury decide your dispute.
- Participate in a class action.
- Act as a private attorney general.
- Join or consolidate claims with others.
(d)
You may opt out of arbitration within thirty (30) days of purchasing a product or service by sending written notice to Ciravera's Legal Department at the address listed on our Contact page.