Effective Date: January 1st, 2023
Welcome to Ele’s Designs! These Terms of Use (“Terms”) govern your access to and use of the e-commerce online store website created with Woocommerce, located at www.elesdesign.com (the “Website”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website.
Use of the Website
1.1 Eligibility: By using the Website, you represent that you are at least 18 years old or have reached the age of majority in your jurisdiction. If you are accessing or using the Website on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
1.2 License: Ele’s Designs grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal and non-commercial purposes, in accordance with these Terms. You agree not to reproduce, distribute, modify, create derivative works, or exploit any portion of the Website without our prior written consent.
1.3 Account Creation: In order to access certain features of the Website, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the account registration process. Ele’s Designs reserves the right to suspend or terminate your account if any information provided is inaccurate, misleading, or violates these Terms.
Product Listings and Orders
2.1 Product Information: Ele’s Designs strives to provide accurate and up-to-date information about its products on the Website. However, we do not warrant or guarantee the accuracy, completeness, or reliability of any product descriptions, pricing, availability, or other information displayed on the Website. Product images are for illustrative purposes only and may not reflect the exact appearance of the actual products.
2.2 Order Acceptance: By placing an order through the Website, you make an offer to purchase the products selected. Ele’s Designs reserves the right to accept or reject any order in its sole discretion. Order acceptance occurs when we ship the products to you or when we notify you of the shipment.
2.3 Pricing and Payment: All prices listed on the Website are in the applicable currency and are subject to change without notice. Ele’s Designs strives to ensure accurate pricing, but errors may occur. In the event of a pricing error, we reserve the right to cancel or modify your order, including adjusting the price. Payment for orders must be made using the provided payment methods. You agree to provide accurate and valid payment information and authorize Ele’s Designs to charge the total amount of your order, including applicable taxes and shipping fees.
2.4 Shipping and Delivery: Ele’s Designs will make reasonable efforts to ship your products within the estimated timeframe provided on the Website. However, we do not guarantee delivery dates or assume responsibility for delays beyond our control. Risk of loss and title for the products pass to you upon our delivery to the shipping carrier.
Intellectual Property
3.1 Ownership: The Website, including its design, layout, content, and all intellectual property rights, are owned by Ele’s Designs or its licensors. These Terms do not grant you any rights or licenses in or to the Website or its content, except for the limited license expressly granted herein.
3.2 User Content: By submitting any content, such as reviews or testimonials, to the Website, you grant Ele’s Designs a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content in connection with the operation of the Website and Ele’s Designs’ business. You represent and warrant that you have the necessary rights to grant this license for any content you submit.
3.3 Trademarks: “Ele’s Designs” and any other Ele’s Designs logos, product names, or service names are trademarks or registered trademarks of Ele’s Designs. You agree not to use these trademarks or any confusingly similar marks without the prior written consent of Ele’s Designs.
Prohibited Conduct
When using the Website, you agree not to:
4.1 Violate any applicable laws, regulations, or third-party rights.
4.2 Interfere with the proper functioning of the Website or circumvent any security measures.
4.3 Engage in any fraudulent, deceptive, or harmful activities.
4.4 Collect or store personal information of other users without their consent.
4.5 Upload, post, or transmit any content that is unlawful, offensive, or infringes upon the rights of others.
4.6 Use automated systems, such as bots or spiders, to access, scrape, or download content from the Website without our prior written consent.
Limitation of Liability
5.1 Disclaimer: THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ELE’S DESIGNS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ELE’S DESIGNS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
5.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELE’S DESIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ELE’S DESIGNS’ TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Ele’s Designs, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to your violation of these Terms or your use of the Website.
Termination
Ele’s Designs may suspend or terminate your access to the Website at any time, without prior notice or liability, for any reason, including if you violate these Terms. Upon termination, the provisions of these Terms that by their nature should survive termination shall continue to apply.
General Provisions
8.1 Entire Agreement: These Terms constitute the entire agreement between you and Ele’s Designs regarding your use of the Website and supersede any prior or contemporaneous agreements, communications, or understandings.
8.2 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
8.3 Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any legal actions or proceedings arising out of or relating to these Terms shall be exclusively brought in the courts of [Jurisdiction], and you consent to the personal jurisdiction and venue of such courts for the resolution of any such disputes.
8.4 Waiver: The failure of Ele’s Designs to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision unless acknowledged and agreed to in writing. Any waiver of any provision of these Terms will be effective only if in writing and signed by Ele’s Designs.
8.5 Assignment: You may not assign or transfer these Terms, in whole or in part, without the prior written consent of Ele’s Designs. Ele’s Designs may freely assign or transfer these Terms without restriction.
8.6 Third-Party Beneficiaries: These Terms do not confer any rights, benefits, or remedies upon any person or entity other than you and Ele’s Designs.
8.7 Contact Us: If you have any questions, concerns, or feedback regarding these Terms, please contact us using the following information:
Ele’s Designs
Website: www.elesdesign.com
Email: [email protected]
Thank you for reading and accepting these Terms of Use. We hope you enjoy using Ele’s Designs and have a delightful shopping experience!