AGB
OVERVIEW
Welcome to AVERA! The terms “we,” “us,” and “our” refer to AVERA. AVERA operates this shop and this website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). AVERA is operated on Shopify, which enables us to provide the Services to you.
The following terms and conditions as well as all policies referenced herein (these “Terms and Conditions” or “Terms”) describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting or using our Services or interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of the age of majority in the state or province of your residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online stores or to purchase the products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete and that you have all necessary rights to provide this information.
You are solely responsible for the security of your login credentials and for all activities on your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. Please note, however, that the colors or appearance of the products may differ from the representation on your screen, depending on the type of device you use to access the store as well as the settings and configuration of your device.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the images or representations in our online stores.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of the products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. AVERA reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted once AVERA confirms the acceptance. We must receive and process your payment before your order can be accepted. Please carefully review your order before submitting it, as AVERA may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or telephone number provided with the order.
Returns or exchanges of your purchases are subject exclusively to the provisions of our Right of Withdrawal [LINK].
You represent and warrant that your purchases are intended for your personal use or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price valid at the time the order is placed and is listed in the email with your order confirmation. Unless expressly stated otherwise, the stated prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.
The prices listed in our online stores may differ from the prices in our physical stores or in online stores and other shops operated by third parties. We may from time to time offer promotions in connection with our Services that may affect pricing and that are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account information and other data, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are duly authorized to use this credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the stated prices, including shipping and handling fees as well as any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We assume no responsibility for delays caused by shipping service providers, customs clearance, or events beyond our control. Once we have handed the goods over to the shipping service provider, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphics, product reviews, videos, and audio files as well as their design, selection, and arrangement, are the property of AVERA, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any of the materials on the Services. Except as expressly provided herein, nothing in these Terms grants you a license or any other rights under any patent, trademark, copyright, or other intellectual property of AVERA, Shopify, or any third party, or may be construed as granting such a license or other right. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by AVERA.
The names, logos, product and service names, designs, and slogans of AVERA are trademarks of AVERA or its affiliates or licensors. You may not use these trademarks without the prior written permission of AVERA. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control or influence over them.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability for damages arising from or in connection with the use of optional third-party tools.
Any use by you of the optional tools offered through the website is solely at your own risk and discretion. You should therefore familiarize yourself with and accept the terms of use of the respective third-party tools.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms and Conditions.
SECTION 8 – EXTERNAL LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of materials or websites of third parties that you access. If you leave the Services to access these materials or websites of third parties, you do so at your own risk.
We are not liable for damages in connection with your access to external websites or your purchase or use of products, services, resources, or content on external websites. Please carefully review the policies and procedures of the third party and ensure that you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding products and services of third parties should be directed to the respective third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO THE MERCHANT: This section correctly describes the relationship between Shopify and your shop and should not be removed or altered.]
AVERA is operated on Shopify, which enables us to provide the Services to you. However, all sales and purchases that you make in our shop are made directly with AVERA. By using the Services, you confirm that Shopify is not responsible for any aspects of sales between you and AVERA, including any injuries, damages, or losses arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or in connection with your purchases and transactions with AVERA.
SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these Privacy Policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services is transmitted to and shared with Shopify as well as third-party providers that may be located in a country other than your country of residence in order to provide services to you. For more information on how we, Shopify, and our partners use your personal data, please see our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you send, upload, post, email, or otherwise submit ideas, suggestions, feedback, reviews, suggestions, plans, or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback in any media for any purposes, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services as well as to fulfill our obligations and exercise our rights under the Terms and Conditions.
You further represent that: (i) you own or control all necessary rights to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms. We are and remain under no obligation to (1) keep your Feedback confidential; (2) pay you any compensation for your Feedback; or (3) respond to your Feedback.
We may monitor, edit, or remove Feedback that we, in our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property of any party or these Terms and Conditions, but we are not obligated to do so.
You agree that your Feedback will not infringe any third-party rights. This includes copyrights, trademark rights, privacy rights, personality rights, or other individual or proprietary rights. Furthermore, you agree that your Feedback will not contain any libelous or otherwise unlawful, offensive, or obscene statements or contain computer viruses or other malware that could in any way impair the operation of the Services or any related website. You are not permitted to use a false email address, impersonate any other person, or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility or liability for Feedback published by you or third parties.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions at any time and without prior notice and to change or update information or cancel orders if any information is inaccurate at any time (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for the following purposes: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate, or harm our employees or other persons; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited messages; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to otherwise engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, in our judgment, may harm AVERA, Shopify, or the users of the Services or expose them to liability.
In addition, you agree to refrain from the following: (a) uploading or transmitting viruses or other types of malicious code that are used or may be used in a manner that impairs the functionality or operation of the Services; (b) reproducing, duplicating, copying, extracting, selling, reselling, or otherwise exploiting any portion of the Services; (c) collecting or tracking the personal data of others; (d) misusing the Services with spam, phishing, pharming, or pretexting; (e) using robots, spiders, scraping tools, data collection and extraction tools, automatic devices or processes, AI tools (e.g., agentic AI), or automated or manual means to access the Services; or (f) interfering with, circumventing, or manipulating the security or authorization features, the robot exclusion header, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the use of an agent to access, use, or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person and that can be executed on behalf of or using a person’s device without direct supervision.
14.2 No agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in Section 14.4 below. In addition, no agent is permitted to access, use, or interact with the Services if we have requested that it refrain from accessing, using, or interacting with a Service.
14.3 We may, including through technical measures, restrict whether and how an agent accesses, uses, and interacts with the Services.
14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an agent and disclose the name of the agent by including the following in the User-Agent string of the request: “Agent/[Agent Name]”. (ii) may not conceal or disguise that accesses, uses, or interactions originate from an agent, for example by (a) imitating human behaviors and interaction patterns or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must truthfully respond to questions or prompts aimed at determining whether interactions originate from a human or a computer; (iv) may not circumvent or otherwise avoid measures designed to prevent, restrict, modify, or control whether and how agents access, use, or interact with Shopify Consumer Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice, and you remain obligated to pay all amounts due up to and including the termination date.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. Any reliance on such information is solely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY TYPE OF INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR THE PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless AVERA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties arising out of or in connection with (1) your breach of these Terms and Conditions or the documents incorporated by reference herein, (2) your violation of applicable law or the rights of third parties, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a delayed notification does not relieve you of your obligations unless you suffer substantial prejudice as a result. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim that requires non-monetary obligations from you without your consent (which may not be unreasonably withheld). You shall cooperate in the defense against indemnification claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a finding.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure 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, together with any policies or operating rules that we post on this website or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written (including, without limitation, any prior versions of the Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the party that drafted this document.
SECTION 21 – ASSIGNMENT
Without our prior written consent, you may not delegate, assign, or transfer this agreement or your rights and obligations under these Terms; any such attempt is void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms and Conditions as well as any separate agreements pursuant to which we provide you with Services shall be governed by and construed in accordance with the jurisdiction of the federal and state or territorial courts at the registered office of AVERA. You and AVERA consent to the local and personal jurisdiction of these courts.
SECTION 23 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS
The most current version of the Terms and Conditions can be viewed on this page at any time.
We reserve the right to update, change, or replace parts of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. By continuing to use or access the Services after the posting of changes to these Terms and Conditions, you agree to those changes.
SECTION 25 – CONTACT INFORMATION
Questions regarding the Terms and Conditions should be sent to hello@wewearavera.com.
Our contact details can be found below:
Laesigente UG
Krimmstrasse 19, 45357 Essen
0155 67090886
HRB 29512