Terms of service

Terms of Service

Overview

Welcome to Elara The Label.

The terms “we”, “us” and “our” refer to Elara The Label. Elara The Label operates this store and 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”).

Elara The Label is powered by Shopify, which enables us to provide the Services to you.

The following Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [INSERT PRIVACY POLICY LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide to us is accurate, current, and complete, and that you have all rights necessary to provide this information.

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

Section 2 - Our Products

We make every effort to provide an accurate representation of our products and services in our online store. However, please note that colors, textures, sizing, or product appearance may vary depending on your device, screen settings, lighting, and display configuration.

We do not warrant that the appearance, quality, fit, or details of any products purchased by you will exactly meet your expectations or be identical to how they appear in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that 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.

Elara The Label reserves the right to accept or decline your order for any reason, at our sole discretion. Your order is not accepted until Elara The Label confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Elara The Label may be unable to accommodate cancellation requests after an order has been accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [INSERT REFUND POLICY LINK].

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

Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs duties, or import charges.

Prices posted in our online store may differ from prices offered through physical stores or through online stores operated by third parties.

We may, from time to time, offer promotions on the Services. These promotions may be subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, payment information, and billing details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  • The payment information you provide is true, correct, and complete;

  • You are duly authorized to use the payment method provided;

  • Charges incurred by you will be honored by your payment provider;

  • You will pay all charges incurred by you at the posted prices, including shipping, handling, customs duties, and all applicable taxes, if any.

Section 5 - Shipping and Delivery

We are not liable for shipping or delivery delays.

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect shipping information, weather conditions, or events outside our control.

Once we transfer products to the carrier, title and risk of loss may pass to you, subject to applicable consumer protection laws.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, design, selection, and arrangement thereof, are owned by Elara The Label, its affiliates, or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Elara The Label, Shopify, or any third party.

Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by Elara The Label.

Elara The Label’s names, logos, product names, service names, designs, and slogans are trademarks of Elara The Label or its affiliates or licensors. You must not use such trademarks without the prior written permission of Elara The Label.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services. We neither monitor nor have any control over such tools.

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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and shall be subject to these Terms of Service.

Section 8 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, or reliability of any third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites.

Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

Section 9 - Relationship With Shopify

Elara The Label is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with Elara The Label.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Elara The Label, including any injury, damage, or loss resulting from purchased products or services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Elara The Label.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [INSERT PRIVACY POLICY LINK].

Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, in order to provide services to you.

Please review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content, collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

We may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You represent and warrant that:

  • You own or have all necessary rights to all Feedback;

  • You have disclosed any compensation or incentives received in connection with your submission of Feedback;

  • Your Feedback will comply with these Terms.

We are under no obligation to:

  • Maintain your Feedback in confidence;

  • Pay compensation for your Feedback;

  • Respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive, obscene, or harmful content, or any computer virus or malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any Feedback.

You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

  • For any unlawful or malicious purpose;

  • To violate any international, federal, provincial, state, or local laws, regulations, rules, or ordinances;

  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;

  • To transmit false or misleading information;

  • To send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms;

  • To transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitation;

  • To impersonate or attempt to impersonate any other person or entity;

  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Elara The Label, Shopify, or users of the Services.

In addition, you agree not to:

  • Upload or transmit viruses or any other type of malicious code;

  • Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;

  • Collect or track the personal information of others;

  • Spam, phish, pharm, or pretext the Services;

  • Use any robot, spider, scraping tool, data gathering tool, extraction tool, automatic device, AI tool, or other automated or manual means to access the Services;

  • Interfere with, bypass, or circumvent the security or authorization features of the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 - Agents

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

“Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person’s device without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the requirements below.

We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

Agents must:

  • Identify themselves in all HTTP/HTTPS requests by including “Agent/[agent name]” in the user agent string;

  • Not conceal or obfuscate that any access, use, or interaction comes from an Agent;

  • Not mimic human behavior or interaction patterns;

  • Not complete or circumvent CAPTCHAs or similar security measures;

  • Respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or computer;

  • Not circumvent or avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the 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 notice.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 - Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly