Selenitno Terms & Conditions and Warranty
These terms and conditions (“Terms”) apply to the viewing, purchasing and sale of products sold by Selenitno Hats Inc (“Augo”), through www.augolife.com (the “Site”) or any third-party websites. By viewing the Site, placing an order or completing a purchase, you agree to be bound by and accept these terms and to bind any company, firm, person or other entity (collectively, “Customer”) on whose behalf you are making such purchase.
Complete Agreement
These Terms, together with the applicable order acknowledgement, confirmation page or any other Augo documents, constitute the entire and exclusive agreement between Customer and Augo with respect to the purchase and sale of Augo products (“Goods”) through the Site, except where Customer and Augo have signed a master purchasing agreement prior to any such purchase or sale. Except as provided above, these Terms supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, communications, both written and oral. Augo objects to any additional or different terms or conditions contained in any request for quotation, purchase order, or other document or communication previously or hereafter provided by Customer to Augo, and Augo’s shipment of any Goods shall not be construed as assent to any such terms or conditions. No such additional or different terms or conditions will be of any force or effect. Augo reserves the right to revise these Terms at any time.
Limitation of Liability
Augo will not be liable for any indirect, special, incidental, consequential, or exemplary damages, whether based on contract, tort, or any other legal theory, including without limitation loss of revenue or profits, loss of business, or other economic damages, even if such damages were foreseeable or Augo has been notified of the possibility of such damages. Where Customer is purchasing Goods from Augo for personal, family or household use, some states do not allow the exclusion of incidental or consequential damages, so the above exclusions may not apply in those cases. Augo is not responsible for delays in delivery that result from any circumstances beyond Augo’s control and will not be liable for damages resulting from such delays. Augo’s aggregate liability for any claim arising out of or related to these Terms shall not exceed the purchase price paid by the Customer for the Goods to which such claim relates.
Pricing and Specifications
All information regarding pricing and services is subject to change. Augo reserves the right to make adjustments to pricing at any time, without notice, and for any reason, including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements.
Warranties
Except as specifically agreed or specified by Augo otherwise, commencing with the date of the initial purchase and continuing for as long as the original owner uses the Goods, Augo warrants that Goods sold by Augo shall conform to specifications agreed in writing and shall be free from material defect in material and workmanship for the life of the Goods. In the event of breach of such warranty, Augo’s sole responsibility shall be to either repair or replace, at Augo’s option, any nonconforming Goods. Customer shall contact Selentino (“Augo”) by sending an email to info@augolife.com
This warranty does not extend to any Goods which has been subjected to misuse, mis size, abuse, accident, negligence, exposure to the elements or chemicals, alteration or unauthorized repair. This warranty specifically excludes normal wear and tear, which includes but is not limited to gradual deterioration or degradation of the Goods caused by regular use over time. Augo shall be under no liability for breach of the warranty set forth herein for wearing and consumable parts or to the extent any damage or nonconformity is caused by: (i) improper installation (if installed by other than Augo), use, maintenance and/or service; (ii) modification or alteration by other than Augo; (iii) delays in notifying seller of the alleged defect; (iv) equipment, component, materials or parts supplied by or on behalf of Purchaser; and/or (v) failure to perform proper long-term maintenance per Augo’s instructions.
There are no third-party beneficiaries of the warranty granted by Augo herein. DUE TO VARYING ENVIRONMENTAL CONDITIONS AND APPLICATIONS, IT IS NOT UNUSUAL TO EXPERIENCE VARYING DEGREES OF RUSTING OR WEAR ON CERTAIN METAL PRODUCTS AND/OR THEIR COMPONENTS DURING OR AFTER THE WARRANTY PERIOD. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Applicable Law
All matters arising out of or relating to these Terms shall be governed by and interpreted according to the laws of the state of New York, without reference to its conflict of laws principles. Any court proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, except that Customer may assert claims in small claims court for claims that qualify. Augo and Customer hereby consent and agree that any legal disputes arising out of or related to the purchase of Goods available through the Site that cannot be resolved through negotiation shall be resolved exclusively through litigation in the state or federal courts sitting in New York, and each party hereby submits to the personal jurisdiction of such courts and waives the right to change venue. The rights and obligations of the parties shall not be governed by the United Nations convention on contracts for the international sales of goods.
Indemnification
To the extent allowed by law, Customer agrees to protect, defend, indemnify and hold harmless Augo, its officers, employees, agents, and representatives and each of their successors and assigns against any and all claims, allegations, demands and proceedings, and any and all liabilities, losses, judgments, penalties, settlements and costs, including without limitation attorneys’ fees and expenses, arising from or related to any actual or alleged negligence or intentional misconduct of Customer as related to Customer’s purchase, sale or use of Goods.
Ownership of Materials, Trademarks and Copyright
The information and material contained on Augo.com, in a Augo catalog, or otherwise produced by Augo, including all images, designs, photographs, text, graphics and other materials (the “Contents”) are solely owned and controlled by Augo including any copyrights, trademarks, or other intellectual property therein, or are licensed by Augo or its affiliates.
Use Restrictions:
You may not: (a) scrape, extract, download, or copy the Contents, either manually or using automated tools, including but not limited to web scraping, bots, spiders, or Generative AI models, without prior written consent from Augo; (b) use any Contents to train, develop, or generate outputs for any artificial intelligence, machine learning models, or any other similar systems, devices, programs, algorithms, methodologies, or technologies, without prior written consent from Augo; or (c) use, modify, publish, transmit, reproduce, create derivative works from, distribute, display, or in any way exploit any part of the Contents, including by using Generative AI systems, unless expressly authorized by Augo.
Severability
If any provisions of these Terms is found to be invalid or unenforceable by any judgment or under any statute, regulation, ordinance, executive order or other rule of law, such provisions shall be deemed reformed or deleted, but only to the extent necessary to comply with such judgment, statute, regulation, ordinance, order or rule, and the remaining provisions of these Terms shall remain in full force and effect.