Terms of Service
Terms of Service
Overview
This website is operated by Eloiya. Throughout the site, the terms “we,” “us,” and “our” refer to Eloiya. Eloiya offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools added to the store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your country or region of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any Terms will result in immediate termination of your Services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
Section 3 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information.
This site may contain historical information, provided for reference only. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 – Products or Services (if applicable)
Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your device’s display will accurately reflect product colors.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and prices are subject to change without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other materials purchased will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order placed with us. We may limit or cancel quantities purchased per person, per household, or per order. Restrictions may include orders placed under the same customer account, credit card, and/or orders using the same billing and/or shipping address.
If we make a change to or cancel an order, we may attempt to notify you via the email and/or billing address provided.
You agree to provide current, complete, and accurate purchase and account information for all purchases made. You agree to promptly update your account, including your email address and payment information, so that we can complete transactions and contact you as needed.
For more details, please review our Refund Policy.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control.
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.
Your use of optional third-party tools is entirely at your own risk and discretion, and you should ensure you are familiar with the terms provided by the relevant third-party provider(s).
Section 8 – Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant or accept liability for any third-party websites, materials, products, or services.
Please review carefully the third party’s policies before engaging in any transactions. Complaints, claims, or concerns regarding third-party products should be directed to the third party.
Section 9 – User Comments, Feedback, and Other Submissions
If, at our request, you send certain submissions (e.g., contest entries) or, without a request, you send creative ideas, suggestions, proposals, or other materials (collectively, "comments"), you agree that we may use them at any time without restriction.
We are under no obligation to (1) maintain comments in confidence; (2) pay compensation; or (3) respond.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, or otherwise objectionable.
You agree your comments will not violate any rights of third parties, including intellectual property, privacy, or personality rights. You further agree your comments will not contain unlawful, abusive, or obscene material, or malware.
You may not use a false email address, pretend to be someone else, or mislead us or others as to the origin of comments. You are solely responsible for your comments.
Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11 – Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping, and 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 12 – Prohibited Uses
You are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform unlawful acts;
(c) to violate any regulations, rules, laws, or ordinances;
(d) to infringe our intellectual property or that of others;
(e) to harass, abuse, insult, harm, defame, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload viruses or malicious code;
(h) to collect or track personal information of others;
(i) to spam, phish, crawl, or scrape;
(j) for obscene or immoral purposes; or
(k) to interfere with security features.
We reserve the right to terminate your use of the Service for violating prohibited uses.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered to you are provided "as is" and "as available".
In no case shall Eloiya, our directors, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, or damages of any kind, including lost profits, data loss, replacement costs, or similar, whether based in contract, tort, or otherwise, arising from your use of the Service or products.
Because some jurisdictions do not allow limitation of liability, our liability shall be limited to the maximum extent permitted by law.
Section 14 – Indemnification
You agree to indemnify, defend, and hold harmless Eloiya and our affiliates, partners, officers, directors, agents, contractors, suppliers, and employees from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of these Terms or violation of any law or rights of a third party.
Section 15 – Severability
If any provision of these Terms is determined to be unlawful or unenforceable, the unenforceable portion shall be deemed severed, and the remaining provisions shall remain valid.
Section 16 – Termination
These Terms are effective unless terminated by either you or us.
You may terminate by notifying us that you no longer wish to use our Services. We may terminate if you fail to comply with these Terms, and you will remain liable for all amounts due up to the termination date.
Section 17 – Entire Agreement
These Terms and any policies posted on this site constitute the entire agreement between you and us and govern your use of the Service, superseding prior agreements.
Any ambiguities shall not be construed against the drafting party.
Section 18 – Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.
Section 19 – Changes to Terms
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part by posting updates on our website. It is your responsibility to check periodically. Your continued use of the Service following changes constitutes acceptance.
Section 20 – Contact Information
Questions about these Terms of Service should be sent to us at:
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT TAX/VAT ID IF APPLICABLE]