Terms of service

OVERVIEW

Welcome to Elira! The terms “we,” “us,” and “our” refer to Elira. Elira operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Elira is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, including any policies referenced herein (the “Service Terms” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Service Terms carefully, as they contain important information about your legal rights and address topics such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Service Terms and our Privacy Policy. If you do not agree to these Service Terms or the Privacy Policy, you may not access or use our Services.

ACCESS AND ACCOUNT

By agreeing to these Service Terms, you represent that you are of legal age under the laws of the state or province in which you reside, and that you have given us permission to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.

OUR PRODUCTS

We strive to provide the most accurate descriptions of our products and services in our online stores. However, please note that product colors and appearance may differ from how they appear on your screen due to the type of device you use and its settings and configuration.

We do not guarantee that the appearance or quality of products or services purchased by you will meet your expectations or match the display or description in our store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products offered per person, geographic region, or jurisdiction on a case-by-case basis.

ORDERS

When you place an order, you are making an offer to purchase. Elira reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only accepted after Elira confirms it. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Elira may not be able to honor cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, and/or phone number provided during checkout.

You may return or exchange purchases only in accordance with our refund policy.

You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.

PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless expressly stated otherwise, prices do not include taxes, shipping fees, handling charges, customs duties, or import fees.

Prices displayed in our online stores may differ from prices in physical stores or in online or other stores operated by third parties. We may occasionally offer promotions that affect pricing and are subject to separate terms and conditions. In the event of a conflict between promotion terms and these Terms, the promotion terms will 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 and other information, including your email address and credit card details, so we can complete your transactions and contact you if needed.

You represent and warrant that:
(i) the credit card information you provide is accurate and complete;
(ii) you are authorized to use the credit card;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay all charges incurred by you at the prices displayed, including shipping, handling, and applicable taxes.

SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Once products are handed over to the carrier, ownership and risk of loss transfer to you.

INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand elements, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Elira, its affiliates, or licensors and are protected by intellectual property laws in the United States and other countries.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any license or rights to any intellectual property of Elira, Shopify, or any third party unless expressly stated. Unauthorized use may violate applicable laws. All rights not expressly granted are reserved by Elira.

The names, logos, product names, service names, designs, and slogans of Elira are trademarks of Elira or its affiliates or licensors. You may not use such trademarks without prior written permission. Shopify’s name, logo, and branding elements are trademarks of Shopify. All other trademarks belong to their respective owners.

OPTIONAL TOOLS

You may be provided access to customer tools offered by third parties. We do not monitor or control these tools.

You acknowledge and agree that such tools are provided “as is” and “as available” without warranties or endorsements of any kind. We are not liable for any harm resulting from your use of optional third-party tools.

Your use of optional tools is entirely at your own risk and discretion, and you must ensure you agree to the terms under which such tools are provided by third parties.

We may introduce new features or tools in the future, which will also be considered part of the Services and subject to these Terms.

THIRD-PARTY LINKS

The Services may contain links to third-party websites or materials. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you choose to access third-party sites, you do so at your own risk.

We are not liable for any harm related to your use of third-party websites or products. Please review the policies and practices of third parties carefully. Any complaints or questions regarding third-party products or services should be directed to the third party.

RELATIONSHIP WITH SHOPIFY

[NOTE FOR MERCHANTS: This article accurately describes Shopify’s relationship with your store and may not be removed or modified.]

Elira uses Shopify to provide the Services. However, all sales and purchases are made directly with Elira. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Elira, including injuries, damages, or losses resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims arising from your transactions with Elira.

PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy. Certain information may also be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read the applicable Privacy Policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services to provide and improve them. Information you submit may be shared with Shopify and third parties located in other countries. Please review our Privacy Policy for details.

FEEDBACK

If you submit ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use.

You represent and warrant that you own or have the necessary rights to the Feedback, that any compensation received has been disclosed, and that the Feedback complies with these Terms. We are not obligated to keep Feedback confidential, compensate you, or respond to it.

We may remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise unacceptable. You are solely responsible for the accuracy and legality of your Feedback.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information in the Services may contain errors or inaccuracies related to product descriptions, pricing, promotions, shipping costs, transit times, or availability. We reserve the right to correct such errors and to cancel orders if information is inaccurate, at any time without prior notice.

PROHIBITED USE

You may use the Services only for lawful purposes. You may not use the Services for illegal activities, to violate laws, infringe intellectual property rights, harass others, transmit false information, distribute spam, impersonate others, or interfere with the operation or security of the Services.

We reserve the right to suspend or terminate your account at any time if you violate these Terms.

TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all amounts due up to the termination date.

Certain provisions will survive termination, including intellectual property, feedback, disclaimers, limitation of liability, indemnification, and governing law.

DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee uninterrupted, secure, or error-free use. Some jurisdictions do not allow limitations on implied warranties, so certain exclusions may not apply to you.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Elira, Shopify, and their affiliates shall not be liable for any direct or indirect damages, including lost profits, data loss, or other damages arising from your use of the Services or products.

INDEMNIFICATION

You agree to indemnify and hold harmless Elira, Shopify, and their affiliates from any claims or damages arising from your violation of these Terms, applicable laws, or third-party rights.

SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in effect.

WAIVER; ENTIRE AGREEMENT

Failure to enforce any right does not constitute a waiver. These Terms constitute the entire agreement between you and us and supersede all prior agreements.

ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our written consent. We may assign these Terms without notice.

GOVERNING LAW

These Terms are governed by and interpreted in accordance with the laws of the jurisdiction where Elira’s headquarters are located.

HEADINGS

Headings are for convenience only and do not affect the interpretation of these Terms.

CHANGES TO THE SERVICE TERMS

You may review the most current version of the Service Terms on this page at any time. Continued use of the Services after changes indicates acceptance of those changes.

CONTACT INFORMATION

Questions about the Service Terms should be sent to:

info@eliracollection.com