Terms of service

OVERVIEW

Welcome to Elarie Milano! The terms “we”, “us”, and “our” refer to Elarie Milano. Elarie Milano operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the “Services”). Elarie Milano is supported by Shopify, which allows us to provide you with the Services.

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

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

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

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are of legal age in the state or province in which you reside, and that you have given us your consent to allow any minors connected to you to use the Services on devices owned, purchased, or managed by you.

To use the Services, including accessing or browsing our online stores or purchasing products and services offered by us, you may be required 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 responsible for your account activity and for protecting your account credentials. You must not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate presentation of our products and services in our online stores. However, the display of product colors and appearance may vary depending on the type of device you use to access the store and the settings and configuration of that device.

We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.

All product descriptions are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue any product at any time and to limit, from time to time, the quantities of products offered to any person, geographic area, or jurisdiction.

SECTION 3 — ORDERS

When you place an order, you are submitting an offer to purchase. Elarie Milano reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until Elarie Milano confirms its acceptance. Before accepting an order, we must receive and process the payment.

Please check your order carefully before submitting it, as Elarie Milano may not be able to accommodate order cancellation requests after acceptance. In the event that an order is rejected, modified, or cancelled, we will notify you by contacting you via the email address, billing address, and/or phone number provided when the order was submitted.

Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].

You represent and warrant that you are making purchases for personal or household use and not for resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and offers 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 submitted and will be shown in the order confirmation email. Unless otherwise stated, published prices do not include taxes or customs, shipping, handling, or import charges.

Prices published in our online stores may differ from prices offered in physical stores, online stores, or other stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.

For all purchases made in our stores, you agree to provide accurate, current, and complete purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

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

SECTION 5 — SHIPPING AND DELIVERY

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

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, as well as their design, selection, and arrangement, are owned by Elarie Milano, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms allow you to use the Services solely for personal and non-commercial use. You must not reproduce, distribute, modify, create copies of, publicly display or perform, republish, download, store, or transmit any material relating to the Services without our written consent.

Unless expressly stated, nothing in these Terms grants or may be interpreted as granting you any license or other rights in relation to any patent, trademark, copyright, or other intellectual property of Elarie Milano, Shopify, or third parties. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Elarie Milano.

The names, logos, product and service names, designs, and slogans of Elarie Milano are trademarks of Elarie Milano or its affiliates or licensors. You must not use such trademarks without the written authorization of Elarie Milano. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may have access to customer tools offered by third parties as part of the Services, which we do not verify, control, or provide.

You understand and agree that we provide access to such tools “as is” and “as available”, without warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion, and you must ensure that you understand and agree to the terms on which such tools are provided by the relevant third-party providers.

In the future, we may offer new features through the Services, including the release of new tools and resources. Such new features shall also be considered 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, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not responsible for any issues or damages related to your access to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully read and understand the relevant third-party policies and practices before engaging in any transaction. Any complaints, concerns, or questions relating to third-party products and services should be directed to those third parties.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Elarie Milano is powered by Shopify, which allows us to provide you with the Services. However, the sales and purchases you make in our Store take place directly with Elarie Milano.

By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and Elarie Milano, including any injury, damage, or loss resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your purchases and transactions with Elarie Milano.

SECTION 10 — PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to Shopify’s Privacy Policy, available here. By using the Services, you confirm that you have read the above privacy policies.

As it supports the Services, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. In order to provide and improve the Services for you, the data you submit to the Services will be transmitted and shared with Shopify and third parties that may be located in countries other than your own.

Please refer to our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal data.

SECTION 11 — FEEDBACK

When you submit, upload, publish, send by email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content generally referred to as “Feedback”, you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any medium and for any purpose, including commercial purposes.

For example, we may exercise our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, and to perform our obligations and exercise our rights as set out in these Terms of Service.

You also confirm and agree that:
(i) you own the necessary rights to all Feedback;
(ii) you have disclosed any compensation or incentives received for submitting Feedback; and
(iii) your Feedback complies with these Terms.

We are not and shall not be obligated to:
(1) keep your Feedback confidential;
(2) pay you for your Feedback; or
(3) respond to your Feedback.

Although we are not obligated to do so, we may monitor, edit, or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or in violation of intellectual property rights or these Terms of Service.

You confirm that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, publicity, or any other personal or proprietary rights. You also confirm that your Feedback will not include defamatory or otherwise unlawful, offensive, or obscene content, nor contain viruses or other computer malware that could affect the operation of the Services or any related website.

You must not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility for Feedback posted by you or by third parties.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information relating to or included in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, offers, promotions, product shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information is incorrect at any time and without prior notice, including after an order has been submitted.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, to:

(a) carry out unlawful or malicious purposes;
(b) violate any local, provincial, state, federal, or international regulations, rules, laws, or ordinances;
(c) infringe or violate our intellectual property rights or those of others;
(d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or offend our employees or anyone else;
(e) transmit false or misleading information;
(f) send, receive, upload, download, use, or reuse material that does not comply with these Terms;
(g) transmit or procure the sending of advertising or promotional material, including “junk mail”, “chain letters”, “spam”, or similar solicitations;
(h) impersonate or attempt to impersonate another person or entity;
(i) engage in any other conduct that restricts or inhibits anyone’s use or access to the Services, or that we determine may harm Elarie Milano, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or other types of malicious code that could be used to affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or disclose any part of the Services;
(c) collect or track the personal data of others;
(d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
(e) interfere with or circumvent the security features of the Services or any related websites, other websites, or the internet.

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

SECTION 14 — TERMINATION

We may terminate this agreement or discontinue your access to the Services, or any part of them, at any time at our discretion and without notice. You will remain responsible for all amounts due up to and including the date of termination.

The following sections shall survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that, by its nature, should survive termination.

SECTION 15 — WARRANTY DISCLAIMER

The information presented in or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of such information. You rely on such information solely at your own risk. We assume no responsibility for reliance placed on such materials by you, any visitor to the Services, or anyone who may be informed of such content.

EXCEPT AS EXPRESSLY STATED BY Elarie Milano, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Elarie Milano, OUR OR SHOPIFY’S AND ITS AFFILIATES’ PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES.

NOR SHALL THEY BE LIABLE FOR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Elarie Milano, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees payable to any third party, arising as a result of:

(1) your breach of these Terms of Service or the documents incorporated herein;
(2) your violation of any laws or third-party rights;
(3) your access to and use of the Services.

We will notify you of any indemnifiable claims, provided that a delay in notification will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle claims that require non-monetary obligations from you without your consent, which may not be unreasonably withheld. You will cooperate in the defense of non-indemnified claims, including by providing relevant documents.

SECTION 18 — SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, it shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

The failure by Shopify to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including but not limited to any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT

You must not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any such attempt shall be void and of no effect. We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you or your consent.

SECTION 21 — GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction where Elarie Milano is based. You and Elarie Milano agree to the venue and personal jurisdiction of the courts in that jurisdiction.

SECTION 22 — HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO THE TERMS OF SERVICE

You can review the current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes.

We will notify you of material changes to these Terms in accordance with applicable laws, and such changes will take effect from the date stated in the notice. Your continued use of or access to the Services after any changes to the Terms of Service constitutes your acceptance of those changes.