Welcome and thank you for your interest in AETHER boutique! You are reviewing these Terms & Conditions (“Terms of Service”, “Terms and Conditions”, “Terms”), because you use or have purchased, or are considering purchasing or using, the AETHER – artistic attire for your iPhone (the “AETHER boutique Products”, “AETHER Products”, “Products”, “artistic attire”, “work of art”) and related website at AETHER boutique.boutique (the “Website”).
THESE TERMS & CONDITIONS ARE A LEGAL AGREEMENT BETWEEN YOU AND AETHER boutique (“AETHER boutique”). PLEASE READ THEM THROUGH CAREFULLY BEFORE USING ANY AETHER boutique SERVICES (“Service”) AND/OR AETHER boutique PRODUCTS.
This Website is operated by AETHER boutique. Throughout the Website, the terms “we”, “us” and “our” refer to AETHER boutique. AETHER boutique offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/or purchasing AETHER boutique Products from us, you engage in our Service and agree to be bound by the following Terms and Conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any AETHER boutique Services and/or AETHER boutique Products. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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 using any AETHER boutique Products you signify your agreement to these Terms & Conditions. If you do not agree to these Terms & Conditions, you may not use the AETHER boutique Products and should not purchase the AETHER boutique Products.
ONLINE STORE TERMS
By agreeing to these Terms and Conditions, 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 Website.
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.
We reserve the right to refuse Service to anyone for any reason at any time without explanation.
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 Website is not accurate, complete or current. The material on this Website 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 Website is at your own risk.
This Website 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 Website 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 Website.
MODIFICATIONS AND LIMITATIONS OF THE SERVICES AND PRODUCTS
We reserve the right to modify or discontinue the Service or any AETHER boutique Product without notice at any time.
We reserve the right, but are not obligated, to limit or deny the sales of AETHER boutique Products 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 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. All descriptions of AETHER boutique Products or product pricing are subject to change at anytime without notice, at the sole discretion of us. Any offer for any product or service made on this Website is void where prohibited.
AETHER BOUTIQUE PRODUCTS OR SERVICES
Important: ALL AETHER BOUTIQUE PRODUCTS ARE MADE-TO-ORDER ONLY
Each work of art will be created on a made-to-order basis. Every product bears edition and unique number. The numbers are assigned on our sole judgment.
The process of creation takes 2 to 6 weeks (more in some cases) to requirements of gessography technology and artisanal nature of this product.
Please note that our products are non-returnable and we are unable to accept any order cancellations. All purchases are final and we do not offer/accept returns or refunds.
However, if your order has been placed and paid, but for any reasons we cannot process your order, your order is subject to refund.
THE NATURE OF GESSOGRAPHY AND AETHER BOUTIQUE PRODUCTS
An intrinsic trait of gessography and AETHER boutique products is that no two pieces are exactly the same. Colors, tone, grain, and other details will always vary. This is the reason why, once you receive the actual products, you may notice that they differ slightly from their images on the Website.
We have made every effort to display our products as accurately as possible. We cannot guarantee that display of any detail will be accurate.
MATERIALS AND CARE NOTES
The attire is a work of art fashioned from wood, kevlar, texture paste, and paint. It is coated with protective varnish; we do recommend, however, to take the same precautions that would normally apply to your device: keep it from being exposed to mechanical shocks, humidity, direct sunlight, and other extreme conditions.
ANTIQVITAS NOVA AESTHETICS
Signs of wear may appear on the attire from daily use. This should not be considered a defect. The aesthetics of AETHER boutique, the Antiqvitas Nova (New Antiquity), presupposes natural aging making each piece of art individually yours.
If you are making a gift order or need to receive your order by a specific date for other reason, please contact us before ordering. We will do our best to accommodate your request or to offer a viable alternative.
email: [email protected]
All orders are handled and shipped out from the Ukraine. We process orders between Monday and Friday. Orders will be processed within 1-3 business days from the order date depending on the AETHER boutique workload. Please note that we don’t ship orders on weekends.
Please keep in mind that AETHER boutique Products ordered on Website will be shipped within 2 to 6 weeks (more in some cases) from the date of purchase.
When the order is released for shipment, a confirmation with the tracking number will be sent to the e-mail address listed in the order. At shipping, your order may be declared as a gift.
You have a choice of delivery via Regular Airmail Service or DHL Express. Delivery is charged separately.
To accelerate the delivery of your order you may choose DHL Express delivery.
For detailed terms and conditions of DHL Express delivery you may visit: https://www.dhl.com/ua-en/
For detailed terms and conditions of Regular Airmail Service delivery you may visit: https://www.ukrposhta.ua/en
Important: delivery may be delayed due to customs procedures of your country or countries of transit, please pay attention to the tracking page of your order.
GLOBAL SITUATION NOTE
Due to the current global situation there might be delays in processing, shipping and delivery. In case of delayed delivery, please contact the delivery service of your choice for any support you may require during this period.
CUSTOMS DUTIES AND TAXES
Please note that the recipient is responsible for all local customs & import duties.
Customs duties and taxes are not included in the product price and would have to be paid separately by the customer. International customers are liable to pay inbound duties and taxes in accordance with the customs laws and regulations of the customer’s country and/or countries of transit.
Please note that AETHER boutique Products are not returnable and we are unable to accept any order cancellations. Each work of art is created on a made-to-order basis.
We accept payments via PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then be returned to AETHER boutique.
All of our transactions are based in US Dollars. If your credit card is based in another currency, your order total will be calculated in accordance with the daily exchange rate of the date your card issuer processes the transaction.
Please note, that payment will be processed when the order is placed.
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 at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Website 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.
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 AETHER boutique Services 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.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Terms of Service that contains typographical errors, inaccuracies or omissions that may relate to AETHER boutique Products 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 AETHER boutique Services, our Website 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 AETHER boutique Services, our Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the AETHER boutique Services, should be taken to indicate that all information in the AETHER boutique Services or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Website or its content: (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, Website 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, Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service, Website or any related website for violating any of the prohibited uses.
LIMITATION OF LIABILITY
In no case shall AETHER boutique, 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.
You agree to indemnify, defend and hold harmless of AETHER boutique and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, 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).
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this Website or in respect to the AETHER boutique Services constitutes the entire agreement and understanding between you and us and govern your use of the AETHER boutique Services, 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 and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ukraine.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 AETHER boutique Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Should you have questions about the TERMS & CONDITIONS please contact us at : [email protected].