Privacy Policy

Terms & Conditions

Article 1 – Definitions

For the purposes of these Terms & Conditions, the following definitions apply:

Cooling-off Period: The period during which the consumer may exercise their right of withdrawal.

Consumer: A natural person acting for purposes outside their trade, business, or profession who enters into a distance contract with the seller.

Day: A calendar day.

Long-Term Transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligations are spread over a period of time.

Durable Data Carrier: Any medium that enables the consumer or the seller to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of Withdrawal: The right of the consumer to cancel the distance contract within the applicable cooling-off period without providing a reason.

Seller: The natural or legal person offering products and/or services to consumers through distance selling.

Distance Contract: An agreement concluded between the seller and the consumer under an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the agreement is concluded.

Means of Distance Communication: Any method that can be used to conclude an agreement without the consumer and the seller being physically present in the same location at the same time.

Terms & Conditions: These Terms & Conditions of Aura Avenue Auckland.

 

 

Article 2

 

 

 

 

 

 

Article 3 – Applicability

These Terms & Conditions apply to every offer made by the seller and to every distance contract and order concluded between the seller and the consumer.

Before a distance contract is concluded, the text of these Terms & Conditions will be made available to the consumer. If this is not reasonably possible, the seller will indicate, before the contract is concluded, that the Terms & Conditions can be inspected at the seller's premises and that they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, the text of these Terms & Conditions may, in deviation from the previous paragraph and before the contract is concluded, be made available to the consumer electronically in such a way that it can easily be stored on a durable data carrier. If this is not reasonably possible, the seller will indicate where the Terms & Conditions can be viewed electronically and that they will be provided free of charge electronically or by other means upon request.

If, in addition to these Terms & Conditions, specific product or service conditions also apply, the provisions of the second and third paragraphs shall apply accordingly. In the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these Terms & Conditions are found to be wholly or partially invalid or unenforceable at any time, the remainder of the agreement and these Terms & Conditions shall remain in full force and effect. The invalid provision shall be replaced without delay by a valid provision that reflects the original intent as closely as possible.

Situations not covered by these Terms & Conditions shall be assessed in accordance with the spirit and purpose of these Terms & Conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of these Terms & Conditions shall likewise be interpreted in accordance with the spirit and purpose of these Terms & Conditions. 

 

Article 4 – The Offer

If an offer is valid for a limited period or is subject to specific conditions, this will be clearly stated in the offer.

All offers are non-binding. Aura Avenue Auckland reserves the right to modify or withdraw any offer at any time.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the seller uses images, these are intended to provide a truthful representation of the products and/or services offered. Obvious mistakes, typographical errors, or inaccuracies in the offer are not binding on the seller.

All images, product specifications, and descriptions are provided for informational purposes only and cannot be used as grounds for compensation or termination of the agreement.

Product images are intended to accurately represent the products offered. However, Aura Avenue Auckland cannot guarantee that the colors displayed on your screen will exactly match the actual colors of the products due to differences in monitor settings and device displays.

Each offer contains sufficient information to clearly inform the consumer of the rights and obligations associated with accepting the offer. This includes, but is not limited to:

  • The product price, excluding any applicable customs clearance fees, import duties, taxes, or VAT, where applicable. These additional charges are the responsibility of the customer. Customs authorities, postal services, or courier companies may collect these charges upon delivery in accordance with the import regulations of the destination country.
  • Any applicable shipping costs.
  • The manner in which the agreement will be concluded and the steps required to complete the purchase.
  • Whether the consumer has the right of withdrawal.
  • The available payment methods, delivery procedures, and order fulfillment process.
  • The period during which the offer remains valid or the period for which the seller guarantees the stated price.
  • Any costs associated with the use of distance communication if these differ from the standard communication rates.
  • Whether the agreement will be archived after conclusion and, if so, how the consumer can access it.
  • The method by which the consumer can review and correct the information provided before completing the agreement.
  • Any additional languages in which the agreement may be concluded.
  • Any codes of conduct to which Aura Avenue Auckland adheres and information on how consumers can consult these codes electronically.
  • The minimum duration of the agreement in the case of a long-term or recurring transaction.

Optional information may also include:

  • Available sizes
  • Available colors
  • Materials and fabric composition
  • Product care instructions, where applicable

 

 

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4 of this Article, at the moment the consumer accepts the offer and complies with the conditions set forth therein.

If the consumer accepts the offer electronically, Aura Avenue Auckland will promptly confirm receipt of the acceptance by electronic means. Until receipt of this acceptance has been confirmed by the seller, the consumer may cancel the agreement.

If the agreement is concluded electronically, Aura Avenue Auckland shall take appropriate technical and organizational measures to protect the electronic transfer of data and maintain a secure online environment. Where electronic payment is available, appropriate security measures will be implemented to ensure safe transactions.

Within the limits of applicable law, Aura Avenue Auckland may verify whether the consumer is able to meet their payment obligations, as well as assess all facts and circumstances relevant to responsibly entering into a distance contract. If, based on this assessment, the seller has reasonable grounds not to enter into the agreement, it reserves the right to refuse an order or request or to attach special conditions to its execution.

The following information will be provided to the consumer in writing or in a manner that allows it to be stored on a durable medium:

  • The business address where consumers may submit complaints.
  • The conditions and procedure for exercising the right of withdrawal, or a clear statement if the right of withdrawal does not apply.
  • Information regarding warranties and after-sales services.
  • The information referred to in Article 4 of these Terms & Conditions, unless it has already been provided before the execution of the agreement.
  • The conditions for terminating the agreement if it has a duration exceeding one year or is of indefinite duration.

In the case of continuous or recurring contracts, the provisions of the previous paragraph apply only to the first delivery.

Every agreement is concluded subject to the availability of the ordered products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within 14 days.

The withdrawal period begins on the day after the consumer, or a representative designated by the consumer and known to Aura Avenue Auckland, receives the product.

During the withdrawal period, the consumer must handle both the product and its packaging with reasonable care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functionality.

If the consumer exercises the right of withdrawal, the product must be returned, including all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the instructions provided by Aura Avenue Auckland.

To exercise the right of withdrawal, the consumer must notify Aura Avenue Auckland within 14 days after receiving the product by sending a written notice or email to:

Customer Service: info@AuraAvenue.com

After notifying the seller, the consumer must return the product within 14 days.

The consumer is responsible for providing proof that the product has been returned on time, for example by means of a shipping receipt or tracking information.

If the consumer has not notified Aura Avenue Auckland within the withdrawal period or has failed to return the product within the required timeframe, the purchase becomes final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the product(s) shall be borne by the consumer.

If payment has already been made, Aura Avenue Auckland will refund the purchase amount as soon as reasonably possible and no later than 14 days after receiving the notice of withdrawal.

A refund will only be issued once the returned product has been received by Aura Avenue Auckland, or once the consumer has provided sufficient proof that the product has been returned.

Article 8 – Exclusion of the Right of Withdrawal

Aura Avenue Auckland may exclude the consumer's right of withdrawal for certain products, provided that this exclusion has been clearly stated in the offer before the agreement is concluded.

The right of withdrawal may only be excluded for products:

  • Made according to the consumer's specifications.
  • Clearly personalized or custom-made.
  • Which, due to their nature, cannot be returned.
  • That are liable to deteriorate or expire rapidly.
  • Whose price depends on fluctuations in the financial market beyond the seller's control.
  • Individual newspapers and magazines.
  • Audio or video recordings and computer software where the seal has been broken after delivery.
  • Sealed hygiene or personal care products where the seal has been broken after delivery.

The right of withdrawal may also be excluded for services relating to:

  • Accommodation, transportation, restaurant services, or leisure activities to be provided on a specific date or during a specified period.
  • Services that have begun with the consumer's explicit consent before the withdrawal period has expired.
  • Betting, gaming, or lottery services.

 

 

Article 9 – Pricing

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except where price changes result from changes in applicable VAT rates or other legal tax regulations.

Notwithstanding the previous paragraph, Aura Avenue Auckland may offer products or services with variable prices if those prices are subject to fluctuations in the financial market over which the seller has no control. Any such dependence on market fluctuations, as well as the fact that quoted prices are indicative, will be clearly stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they are the direct result of statutory regulations or legal provisions.

Price increases after three months from the conclusion of the agreement are only permitted if:

  • They are the result of statutory regulations or legal provisions; or
  • The consumer has the right to terminate the agreement as of the date the price increase takes effect.

The place of delivery is determined by the country where transportation of the goods begins. If products are shipped from outside the consumer's country or customs union, import duties, VAT, customs clearance fees, or similar charges may be collected by the postal service, courier, or customs authorities upon delivery. These charges are the sole responsibility of the customer unless otherwise stated.

All prices are subject to typographical, printing, and pricing errors. Aura Avenue Auckland shall not be liable for the consequences of such errors and is not obligated to supply products at an incorrect price resulting from an obvious mistake.

Article 10 – Conformity and Warranty

Aura Avenue Auckland guarantees that the products and/or services supplied conform to the agreement, the specifications stated in the offer, reasonable standards of quality and usability, and all applicable legal requirements in force at the time the agreement is concluded.

Where expressly agreed, Aura Avenue Auckland also warrants that the product is suitable for uses other than its normal intended purpose.

Any warranty provided by the seller, manufacturer, or importer does not affect the statutory rights and remedies available to the consumer under applicable consumer protection laws.

Any defects or incorrectly delivered products must be reported in writing to Aura Avenue Auckland within 14 days of delivery.

Returned products must be sent back in their original packaging and, where reasonably possible, in new and unused condition.

The warranty period offered by Aura Avenue Auckland corresponds to the manufacturer's warranty period where applicable. However, Aura Avenue Auckland cannot be held responsible for the suitability of products for any particular purpose intended by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired, modified, or altered the product themselves.
  • The product has been repaired or modified by a third party without authorization.
  • The product has been exposed to abnormal conditions or has been used improperly, negligently, or contrary to the instructions provided by Aura Avenue Auckland or the manufacturer.
  • The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

Aura Avenue Auckland will exercise the greatest possible care when receiving, processing, and fulfilling customer orders.

The place of delivery shall be the address provided by the consumer during the ordering process.

Subject to the provisions set out in Article 4 of these Terms & Conditions, accepted orders will be processed as quickly as reasonably possible and, unless a longer delivery period has been agreed upon, within 30 days.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order.

In such cases, the consumer has the right to cancel the agreement free of charge and may be entitled to compensation where required by applicable law.

If the agreement is cancelled in accordance with the previous paragraph, Aura Avenue Auckland will refund all amounts paid by the consumer as soon as reasonably possible and no later than 14 days after cancellation.

If delivery of an ordered product proves impossible, Aura Avenue Auckland will make every reasonable effort to provide a suitable replacement product.

The consumer will be clearly informed before or at the time of delivery if a substitute product is supplied.

The right of withdrawal cannot be excluded for replacement products.

If the consumer returns a replacement product, the return shipping costs will be borne by Aura Avenue Auckland.

The risk of loss or damage to the products remains with Aura Avenue Auckland until the products have been delivered to the consumer or to a representative designated by the consumer, unless expressly agreed otherwise.

 

 

Article 13 – Payment

Unless otherwise agreed, all amounts owed by the consumer must be paid within seven (7) business days after the commencement of the cooling-off period referred to in Article 6.

For agreements relating to the provision of services, this payment period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to notify Aura Avenue Auckland immediately of any inaccuracies in payment details provided or stated.

In the event of non-payment, Aura Avenue Auckland reserves the right, subject to applicable law, to charge the consumer any reasonable costs that have been communicated in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to Aura Avenue Auckland in writing within seven (7) days after the consumer has discovered the issue.

Complaints should contain a clear and complete description of the problem.

Complaints may be submitted via:

Customer Service: info@AuraAvenue.com

All complaints received by Aura Avenue Auckland will be acknowledged and answered within 14 days from the date of receipt.

If a complaint requires a longer processing time, the consumer will receive a confirmation of receipt within the 14-day period, together with an indication of when a more detailed response can be expected.

If a complaint cannot be resolved through mutual consultation, the matter may become subject to the applicable dispute resolution procedures.

Submitting a complaint does not suspend the consumer's payment obligations unless Aura Avenue Auckland expressly agrees otherwise in writing.

If a complaint is found to be justified, Aura Avenue Auckland will, at its sole discretion, either repair, replace, or refund the affected product free of charge.