Terms and Conditions

AMOENA USA CORPORATION

Last Revision Date:  February 4, 2025

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES AVAILABLE ON THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE 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 AMOENA, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF ITS CONTENT, GOODS OR SERVICES BY APPLICABLE LAW. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND CONTAIN OTHER CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.

These Terms and Conditions of Sale (these "Terms") apply to the purchase of products and services available for sale by Amoena USA Corporation, having a principal place of business at 1000 Cobb Place Boulevard, Suite 200, Kennesaw, Georgia 30144 (referred to as "us", "we", "our" or “Amoena”), on this website (the "Site").
 
1.    Order Acceptance and Cancellation. By placing an order to purchase products and services, you are making an offer to buy the specific products and services included in your order under these Terms.  All orders must be accepted by us; we are not obligated to sell the products or services on the Site to you. We may choose not to accept any orders in our sole discretion.  We will notify you in writing if your order is rejected.  If we accept your order, we will send you a confirmation email with your order number and the details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at 1-888-900-8998.

2.    Prices and Payment Terms. The price for all items available for purchase through the Site will be displayed to you on the Site.  By placing an order, you agree to pay all charges, including without limitation any applicable taxes and shipping, handling, and processing charges displayed to you at the time of your order. At the time of purchase, you will be asked to supply certain information, including but not limited to your shipping address and credit card or other payment information. You agree that all information that you provide to us will be accurate, current, and complete. Unless otherwise agreed by us, we will charge your credit card when your item is purchased. Credit card orders shipped to a location other than your billing address may require additional verification. All monetary transactions on the Site take place in U.S. dollars.  You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. Accessing this Site from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any products or services purchased from us. We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including, but not limited to: Visa, MasterCard, American Express, PayPal and Discover, as detailed on the applicable payment screen.  You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

3.    Shipments; Delivery; Title and Risk of Loss. When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process. We will arrange for shipment of the products to you at the designated Shipping Address. Please check the individual product page for specific delivery options, including any expedited shipping options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.  By placing an order, you accept these shipping terms and all shipping charges. Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments.

4.   Returns and Refunds. Except for any custom products or products otherwise designated on the Site as non-returnable, we will accept a return of your products subject to the terms of our return policy set forth at:  Returns (amoena.com) and incorporated herein by reference.  You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Refunds are generally processed within 7-14 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

5.    LIMITED WARRANTY. OUR LIMITED WARRANTY FOR THE PRODUCTS IS SET FORTH AT: Limited Warranty Terms (amoena.com) AND INCORPORATED HEREIN BY REFRENCE (THE “WARRANTY STATEMENT”).  We strive to describe our products as accurately as possible on the Site. However, we do not warrant that the product descriptions or other content of this Site are completely accurate, reliable, current, or error-free. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.  OUR RESPONSIBILITY FOR ANY DEFECTIVE PRODUCTS IS LIMITED, AT OUR OPTION, TO REPAIR OR REPLACEMENT OF THE PRODUCTS OR A REFUND AS SET FORTH IN OUR WARRANTY STATEMENT. This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

6.    Limitation of Liability.  THE REMEDIES DESCRIBED IN OUR WARRANTY STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF OUR LIMITED WARRANTY. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU PURCHASED THROUGH THE SITE, NOR WILL WE BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION,  LOSS OF BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, EMOTIONAL DISTRESS OR LIKE DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7.    Export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations"). You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations.

8.    Intellectual Property Use and Ownership. Amoena and/or its licensor(s) and suppliers are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

9.    Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy available at: Security & privacy (amoena.com) and incorporated herein by reference, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. You should carefully review our Privacy Policy before placing an order for products or services through this Site.

10.    Force Majeure. We shall not be liable, nor be deemed to have defaulted under or breached these Terms for any failure or delay in fulfilling your order when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following events of force majeure ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, severe weather events, catastrophe, explosion, epidemic or public health emergency; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; and (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials. We will give you prompt notice of any Force Majeure Event, stating the period of time we believe it is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized and will resume performance of our obligations as soon as reasonably practicable after the removal of the cause. You shall have the right to terminate your order if the Force Majeure Event continues unabated for more than thirty (30) days.

11.    Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law principles.

12.    Dispute Resolution and Binding Arbitration. You agree to submit any dispute, controversy or claim arising regarding the purchase or sale of products and services on the Site to binding arbitration under the rules of the American Arbitration Association on a single plaintiff basis. Any such arbitration will be conducted in Atlanta, Georgia. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible.  You also acknowledge and understand that, with respect to any dispute arising out of or relating to the products or services or your use of the Site:

  • YOU AGREE TO ARBITRATION.   
  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.   
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.


13.    Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.


14.    No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Amoena.

15.    No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

16.    Notices.
(a)    To You. We may provide you any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting the notice to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b)    To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to info@amoena.com; or (ii) by personal delivery, overnight courier or registered or certified mail to 1000 Cobb Place Boulevard, Suite 200, Kennesaw, Georgia 30144, ATTN: General Manager. We may update our address for notices at any time by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.


17.    Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

18.    Changes to Terms. These Terms are subject to change by Amoena without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site. 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. 

19.    Entire Agreement. These Terms, including any other terms or policies linked to from within these Terms constitute the entire agreement between you and us with respect to your purchase of products and services through the Site. A printed version of these Terms will be made available to you upon request.