Terms of service

TERMS OF SERVICE

Effective Date: January 31, 2025

These Terms of Service ("Terms") govern your access to and use of the website operated by Sparrow Ventures LLC (trade name: Avora), including all content, features, products, and services offered through the site.

By accessing or using our website, placing an order, or engaging with our services, you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

1. DEFINITIONS

"We," "Us," "Our" refers to Sparrow Ventures LLC, operating as Avora.

"You," "Your," "Customer" refers to any individual or entity accessing or using our website or services.

"Site" refers to avora-store.com and all related domains, subdomains, and platforms operated by us.

"Products" refers to any goods, services, or digital content offered for sale on the Site.

"Order" refers to any purchase or transaction completed through the Site.

2. ACCEPTANCE OF TERMS

By using the Site or placing an Order, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Return & Refund Policy.

These Terms constitute a legally binding agreement between you and Sparrow Ventures LLC.

If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. MODIFICATIONS TO TERMS

We reserve the right to modify, update, or replace these Terms at any time, at our sole discretion.

Changes will be effective immediately upon posting on the Site. Your continued use of the Site after changes are posted constitutes acceptance of the modified Terms.

The version of the Terms in effect at the time of your Order will govern that transaction.

It is your responsibility to review these Terms periodically.

4. ELIGIBILITY

You must meet the following requirements to use the Site and place Orders:

Age: You must be at least 18 years old or the age of majority in your jurisdiction.

Capacity: You must have the legal capacity to enter into a binding contract.

Location: Our Products are available for sale and shipment within the United States, the United Kingdom, and other countries where shipping is offered at checkout.

By placing an Order, you represent and warrant that you meet these eligibility requirements.

We reserve the right to refuse service, terminate accounts, or cancel Orders at our sole discretion.

5. ACCOUNT REGISTRATION

Certain features of the Site may require you to create an account.

When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activity under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

You may not use another person's account without permission.

6. PROHIBITED USES

You agree not to use the Site for any unlawful or prohibited purpose, including but not limited to:

  • Violating any federal, state, or local laws
  • Infringing on intellectual property rights
  • Transmitting viruses, malware, or harmful code
  • Attempting to gain unauthorized access to our systems
  • Harassing, abusing, or threatening others
  • Engaging in fraudulent activity, including chargeback abuse
  • Scraping, data mining, or automated data collection
  • Reselling Products without authorization
  • Impersonating any person or entity
  • Interfering with the operation of the Site

We reserve the right to investigate violations and take appropriate legal action, including cooperation with law enforcement.

7. PRODUCTS, DESCRIPTIONS, AND AVAILABILITY

Product Information

We make reasonable efforts to ensure that Product descriptions, images, specifications, and pricing are accurate. However:

  • Colors, sizes, and appearance may vary due to screen settings and photography
  • Specifications are subject to change without notice
  • We do not warrant that descriptions are error-free or complete

Availability

All Products are subject to availability. We reserve the right to:

  • Discontinue any Product at any time
  • Limit quantities per customer or per Order
  • Refuse Orders that appear fraudulent or abusive

If a Product becomes unavailable after an Order is placed, we will notify you and offer a refund or substitute, at our discretion.

Pricing

All prices are listed in United States Dollars (USD) unless otherwise specified and are subject to change without notice.

For customers located in the United Kingdom, prices may be displayed in British Pounds (GBP) where applicable. Currency conversions, if shown, are provided for convenience and may vary based on exchange rates or payment provider policies.

We reserve the right to correct pricing errors. If an error is discovered after you have placed an Order, we will notify you and give you the option to:

• Accept the corrected price, or  
• Cancel the Order and receive a full refund

8. PAYMENT AND BILLING

Accepted Payment Methods

We accept payment via credit card, debit card, PayPal, and other methods displayed at checkout.

By providing payment information, you represent that:

  • You are authorized to use the payment method
  • The information provided is accurate and complete
  • You will pay all charges incurred

Authorization

When you place an Order, you authorize us to charge your payment method for:

  • The total purchase price (including Products, taxes, and shipping)
  • Any additional fees disclosed at checkout

Payment Processing

Payment is processed through third-party processors, including Stripe and PayPal. You agree to comply with their terms and policies.

We do not store full credit card information on our servers.

Billing Errors

If you believe there is an error in your billing, you must contact us within 30 days of the charge.

Failed Payments

If payment fails or is declined, we reserve the right to cancel your Order.

9. TAXES

You are responsible for all applicable taxes, duties, and fees related to your Order, including sales tax, use tax, and customs duties.

Tax rates are calculated based on the shipping address provided at checkout.

We collect and remit sales tax as required by law. If you are exempt, you must provide valid documentation before placing your Order.

For orders shipped to the United Kingdom, Value Added Tax (VAT), import duties, and customs handling fees may apply depending on order value and applicable regulations.

Unless otherwise stated at checkout, these charges are the responsibility of the customer and are not included in the product price or shipping fees.

10. SHIPPING AND DELIVERY

Shipping Policy

Orders are processed and shipped within the timeframe specified at checkout or on the Product page.

Shipping times are estimates and are not guaranteed. Delays may occur due to carrier issues, weather, customs, or other factors beyond our control.

For orders shipped to the United Kingdom, delivery times may be affected by customs clearance procedures. 

We are not responsible for delays caused by customs processing, import inspections, or local regulatory requirements once the shipment has left our fulfillment facility.

Delivery

Delivery is complete when the carrier confirms delivery to the shipping address you provided.

You are responsible for:

  • Providing a complete and accurate shipping address
  • Being available to receive the package
  • Any additional fees for re-delivery or address correction

Risk of Loss

Risk of loss and title for Products pass to you upon delivery to the carrier.

For consumers located in the United Kingdom and European Economic Area, risk of loss transfers upon delivery to the customer in accordance with applicable consumer protection laws.

International Orders

If international shipping is offered, you are responsible for:

  • All customs duties, import taxes, and fees
  • Compliance with local import laws

We do not refund customs fees or duties.

11. RETURNS AND REFUNDS

Our Return & Refund Policy is incorporated by reference into these Terms.

By placing an Order, you agree to the terms of our Return & Refund Policy, available at [link].

We do not accept returns for change of mind or personal preference, except where required by applicable consumer protection laws, including the 14-day cancellation right for customers located in the United Kingdom and European Economic Area.

12. INTELLECTUAL PROPERTY

Ownership

All content on the Site, including but not limited to text, graphics, logos, images, videos, software, and design, is the property of Sparrow Ventures LLC or its licensors and is protected by United States and international copyright, trademark, and intellectual property laws.

License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes, subject to these Terms.

Restrictions

You may not:

  • Copy, reproduce, distribute, or display any content from the Site without written permission
  • Modify, reverse engineer, or create derivative works
  • Use our trademarks, logos, or branding without authorization
  • Frame or mirror the Site on another website

Infringement Claims

If you believe your intellectual property rights have been violated, contact us at contact@avora-store.com with:

  • Description of the work claimed to be infringed
  • Location of the infringing material
  • Your contact information and a statement of good faith belief

13. USER CONTENT

If you submit reviews, comments, feedback, or other content to the Site ("User Content"), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, display, and distribute such content.

You represent that:

  • You own or have the right to submit the User Content
  • The content does not violate any third-party rights
  • The content is not defamatory, obscene, or illegal

We reserve the right to remove any User Content at our discretion.

14. THIRD-PARTY LINKS

The Site may contain links to third-party websites or services.

We are not responsible for:

  • The content, accuracy, or practices of third-party sites
  • Any transactions or interactions with third parties

Your use of third-party sites is at your own risk and subject to their terms and policies.

15. DISCLAIMER OF WARRANTIES

THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT

WE DO NOT WARRANT THAT:

  • THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • DEFECTS WILL BE CORRECTED
  • THE SITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

Nothing in these Terms excludes or limits your statutory rights as a consumer under applicable law, including the UK Consumer Rights Act 2015.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARROW VENTURES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, OR DATA
  • LOSS OF USE OR BUSINESS INTERRUPTION
  • PERSONAL INJURY OR PROPERTY DAMAGE
  • RELIANCE ON CONTENT ON THE SITE

WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT FULLY APPLY TO YOU.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sparrow Ventures LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Site or Products
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any fraudulent, abusive, or illegal activity

This obligation survives termination of these Terms.

18. DISPUTE RESOLUTION AND ARBITRATION

Informal Resolution

Before initiating any formal proceeding, you agree to contact us at contact@avora-store.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Terms:

  • The arbitration shall be conducted in Albuquerque, New Mexico, or remotely via video conference.
  • The arbitration shall be conducted by a single arbitrator.
  • The arbitrator's decision shall be final and binding.
  • Each party shall bear its own costs and attorneys' fees, unless the arbitrator awards them.

Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Opt-Out

You may opt out of arbitration by sending written notice to contact@avora-store.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in court as described below.

Exceptions

Either party may seek injunctive or equitable relief in court for intellectual property infringement or unauthorized use of the Site.

19. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law principles.

If arbitration does not apply (due to opt-out or exception), you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico.

You consent to the personal jurisdiction and venue of such courts and waive any objection.

If you are a consumer located in the United Kingdom or European Economic Area, you may also benefit from mandatory consumer protections under the laws of your country of residence. Nothing in these Terms limits your rights to bring claims in your local jurisdiction where required by law.

20. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, pandemics
  • War, terrorism, civil unrest
  • Government orders or restrictions
  • Strikes, labor disputes
  • Supplier or carrier delays
  • Internet or telecommunications failures

21. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

The invalid provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, it shall be severed.

22. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Any waiver must be in writing and signed by an authorized representative.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Return & Refund Policy, constitute the entire agreement between you and Sparrow Ventures LLC regarding the use of the Site and supersede all prior agreements, understandings, and communications.

24. ASSIGNMENT

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent.

We may assign these Terms to any affiliate, successor, or acquirer without restriction.

25. SURVIVAL

The following sections shall survive termination of these Terms:

  • Intellectual Property
  • Indemnification
  • Limitation of Liability
  • Dispute Resolution
  • Governing Law

26. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact us at:

Sparrow Ventures LLC (Avora)

8206 Louisiana Blvd NE, Ste A #4918 Albuquerque, New Mexico 87113 United States

Email: contact@avora-store.com