Terms of service
GENERAL INFORMATION
The Company makes this website available to users, including all information, tools and services available on it, conditioned on the user's acceptance of all terms, conditions, policies and notices set forth herein.
By visiting our website and/or making a purchase, you use our service and agree to be bound by these Terms of Service, as well as any additional policies and conditions mentioned in this document or available via link.
These Terms apply to all users of the site, including, without limitation, browsers, customers, vendors, merchants and content contributors.
Please read these Terms carefully before accessing or using the website. If you do not agree with all of them, you must not access the site or use any of its services.
Any new feature, tool or service added to the online store will also be subject to these Terms. We reserve the right to update, modify or replace any part of these Terms by posting changes on this page. Continued use of the website after such changes are posted constitutes your acceptance.
Our store is hosted on Shopify Inc., which provides us with the e-commerce platform through which we offer our products and services.
SECTION 1 – CONDITIONS OF USE OF THE ONLINE STORE
By using this website, you represent that you are at least the age of majority in your place of residence, or that you are of legal age and have authorized the use of the site by any minors in your care.
You agree not to use our products or services for illegal, unlawful or unauthorized purposes, nor to infringe applicable regulations in your jurisdiction, including intellectual property laws.
Transmitting viruses, malware or any other code of a destructive or harmful nature is prohibited. Breach of any of these obligations may result in the immediate suspension or cancellation of access to the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone, at any time and for any legitimate reason.
The user understands that, except for banking or payment card information, content transmitted through the site may be transferred unencrypted across various networks and adapted to technical connection requirements. Payment information will be processed through secure connections and in accordance with applicable security standards.
Reproducing, duplicating, copying, selling, reselling or exploiting any part of the Service, its use or access to it, without express written authorization from the Company, is prohibited.
The titles and headings used in this document are for informational purposes only and shall not affect its interpretation.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not guarantee that all information available on this site is accurate, complete or fully up to date at all times. The content of the site is provided for general informational purposes and should not be used as the sole basis for making decisions without consulting more accurate, complete or current sources.
We reserve the right to modify the content of the site at any time, without any obligation to update published information. It is the user's responsibility to periodically review the site for any changes.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products may be modified at any time and without prior notice.
We also reserve the right to modify, suspend or discontinue, temporarily or permanently, the Service or any part of it, without prior notice.
We shall not be liable to the user or to any third party for any modification, price change, suspension or discontinuation of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively through the website and may be subject to limited quantities.
All products are subject to availability. We reserve the right to limit the quantities of any product or service we offer, as well as to limit sales to any person, geographic region or jurisdiction, where necessary.
We strive to display as accurately as possible the colors, images and descriptions of our products. However, we cannot guarantee that the display on your device's screen will fully and accurately reflect the actual color, finish or appearance of the product.
We reserve the right to modify at any time the descriptions of products, their prices or availability, as well as to discontinue any product without prior notice.
We do not guarantee that the quality of products, services, information or other materials purchased or obtained by you will meet all your subjective expectations.
SECTION 6 – ORDERS, BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, limit or cancel any order placed through the store, especially where there are indications of fraud, unauthorized use, resale purposes or manifest errors in the order information.
In the event of modification or cancellation of an order, we may attempt to notify you using the email address, billing address or telephone number provided at the time of purchase.
You agree to provide current, complete and accurate purchase, payment and account information for all transactions carried out in our store. You also agree to promptly update your details so that we can complete transactions and contact you when necessary.
For more information on cancellations, returns or refunds, please refer to our corresponding policies published on the website.
SECTION 7 – THIRD-PARTY TOOLS OR SERVICES
We may provide access to third-party tools, applications or services over which we exercise no supervision or control.
You acknowledge that such access is provided "as is" and "as available", without warranties, representations or conditions of any kind.
We assume no liability arising from your use of optional tools or services provided by third parties.
Use of such services is at the user's own risk, and users must ensure they are aware of and accept the applicable terms of the relevant third party.
SECTION 8 – THIRD-PARTY LINKS
Some content, products or services available through our site may include third-party materials or links.
We do not control or review the content of such external sites and assume no liability for their materials, policies, products, services or practices.
We shall not be liable for any damages arising from the purchase or use of goods, services, resources or content from third parties. We recommend carefully reviewing their policies and terms before completing any transaction.
SECTION 9 – COMMENTS, REVIEWS AND USER SUBMISSIONS
If you send us comments, suggestions, proposals, reviews, ideas or any other content, whether at our request or spontaneously, you agree that we may use, reproduce, adapt, publish or distribute it without limitation, unless otherwise required by applicable law.
We shall not be obliged to keep such content confidential, to compensate you for it, or to necessarily respond to your submission.
We reserve the right to remove any content we consider unlawful, offensive, defamatory, obscene, abusive, misleading or contrary to these Terms or applicable legislation.
You warrant that your comments will not infringe any third-party rights, including copyright, trademarks, privacy, honor or any other personal or property right.
SECTION 10 – PERSONAL INFORMATION
Personal information provided through the website will be processed in accordance with our Privacy Policy, available on the website itself.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
There may be information on the site or within the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, transit times or availability.
We reserve the right to correct any errors, inaccuracies or omissions, as well as to change or update information or cancel orders if any data in the Service or on the website is inaccurate, even after an order has been placed.
SECTION 12 – PROHIBITED USES
In addition to the other prohibitions set out in these Terms, you are prohibited from using the website or its content for:
- Unlawful or fraudulent purposes.
- Soliciting others to perform or participate in unlawful acts.
- Violating applicable local, national or international regulations.
- Infringing our intellectual property rights or those of third parties.
- Harassing, insulting, defaming, discriminating against, threatening or harming third parties.
- Introducing false or misleading information.
- Transmitting viruses or malicious code.
- Collecting or tracking personal data of other users without authorization.
- Engaging in spam, phishing, pharming, pretexting, unauthorized scraping or crawling.
- Interfering with or circumventing the security measures of the site or third parties.
We reserve the right to suspend or terminate access to the Service for breach of any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant that the use of our Service will be uninterrupted, timely, secure or error-free.
We also do not warrant that the results obtained from use of the Service will be accurate or reliable in all cases.
You accept that we may, from time to time, withdraw the Service for indefinite periods or cancel it at any time without prior notice.
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special or consequential damages arising from the use of the Service or from products purchased through it.
Nothing in this clause shall limit any rights that consumers may have under mandatory applicable law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, as well as its directors, employees, collaborators, agents, contractors, suppliers and service providers, against any claim or demand arising from your breach of these Terms or from your violation of any law or third-party right.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, such provision shall be enforced to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities assumed by the parties prior to the termination date shall survive the end of this agreement to the extent applicable.
These Terms remain in force unless terminated by you or by us. You may stop accepting these Terms at any time by ceasing to use the website.
We reserve the right to terminate or suspend this agreement at any time if, in our judgment, you breach any of the conditions set out herein.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with the other policies published on the website, constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements, communications or proposals.
SECTION 18 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws applicable in Spain.
SECTION 19 – CHANGES TO THE TERMS OF SERVICE
You may consult the most up-to-date version of these Terms at any time on this same page.
We reserve the right to update, modify or replace any part of these Terms by posting changes on our website. It is the user's responsibility to periodically review this page.
SECTION 20 – CONTACT INFORMATION
Enquiries relating to these Terms of Service should be sent to:
SECTION 21 – SMS MARKETING AND NOTIFICATIONS
Where the user expressly consents to receiving communications by SMS during the purchase process or through the designated forms, they may receive messages relating to:
- The status of their order.
- Abandoned cart or pending payment reminders.
- Promotions, discounts and commercial offers.
- Transactional or follow-up messages.
Message frequency may vary. Consent to receive SMS messages is not a condition of purchase. The user may opt out at any time by following the instructions included in the message itself or by contacting us at contacto@eliaatelier.com. Consent for this type of communication must be given through a valid affirmative action.
We do not charge for sending SMS messages; however, your mobile carrier may apply rates or charges in accordance with their terms.
To the extent permitted by law, we shall not be liable for delays, delivery failures or incidents beyond our control in the transmission of messages.
For more information on the processing of personal data, please refer to our Privacy Policy.