Terms of Service
This website is operated by Elivana Accents. Throughout the site, the terms “we”, “us” and “our” refer to Elivana Accents. Elivana Accents 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 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 those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and 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 of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and do changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of our services or access to the website following the posting of any changes constitutes acceptance of those changes. Under the terms of Services; ELIVANA ACCENTS is the “Seller”, the person or organization being billed is the “Purchaser”.
Our store is hosted on Shopify Inc. They provide 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 of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you 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. You may not use this services to violate any laws in your jurisdiction (including copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred encrypted and involve:
Transmissions over various networks. and 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 our website 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 by Elivana Accents.
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. This site may contain certain historical information provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. 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 products (or discontinue any part of this web store) without notice at any time.
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 may be available exclusively online through this website. These products or services may be discontinue, have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the 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 descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Elivana Accents. We reserve the right to discontinue any product at any time.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders with special promotions or special discount placed by the same customer account, the same credit card or orders that use the same billing and shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address or phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
In the future we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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.
You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and features through the website (including, the release of new tools and resources). Such new features and services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
We are looking to add high quality hardware and installation products from other manufactures.
The manufactures may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If we request you to send specific submissions or without a request from us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
1- To maintain any comments in confidence
2- To pay compensation for any comments
3- To respond to any comments
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
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 that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Sometimes circumstances are out of our hands therefore we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
Shipment made direct from our warehouse to the purchaser, will be made on common carriers licensed. If the carrier requires such shipments to be made on a prepaid basis, the seller will bill all charges to the purchaser. The merchandise title passes to the purchaser at the time of shipment from the warehouse. Title and risk of loss to the merchandise pass to the purchaser upon delivery to the carrier.
It is the purchaser’s responsibility to inspect all merchandise before signing for the shipment and note any obvious damages on the freight bill. It is the purchaser’s responsibility to file any damage claims with the carrier and in the event of a concealed damage to notify the carrier, obtain an inspection and then file a claim with the carrier.
Our products should be clean, handle and use following the merchandise label instruction. They are not guaranteed against discoloration due to cleaning or contact with any liquid or chemical processing. You may read all the precaution on our “product care” before using our products. All our products have warranty, we advise you to read Elivana Accents products’ warranty.
In no case shall Elivana Accents, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, 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, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service, any content or product.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14- WHOLESALE (if applicable)
Based on the resale number on file and to the best of our knowledge all of the items listed above intended for resale and therefore are exempt from state and local taxes.
Wholesale prices are FOB.
For wholesale orders, we request 50% of the total invoice and must be pay at the time of the order. The 50% balance of the invoice is due within 30 days of invoice date or upon receipt of “pro-forma” notice requesting prepayment of merchandise prior to shipment. The merchandise won’t ship until the invoice is pay. Past due accounts will be charged 1 ½ % per month on the past due balance if permitted by applicable state law. If not permitted, then the highest rate permitted by such law. This charge will appear on the purchaser’s monthly statement as a service charge. Delivery must be accepted within 30 days of shipping notice or storage fee of 2% will be charge per month.
Wholesale orders are handcrafted and custom made therefor these orders are not subject to cancellation. In the event that an order must be cancelled due to extenuating circumstances not under the control of the buyer, the seller will make a charge for cancellation of not less than 50% handling charge. Merchandise custom handcrafted to buyer’s specifications is not returnable and no refunds will be made. No merchandise can be returned without written approval of the seller. Seller shall not be liable for any delay, in delivery, or failure to delivery, due to any cause beyond Seller’s control such as carrier strikes or any incident while the merchandise is in transit.
SECTION-15 MERCHANDISE CHANGES
When the purchaser request changes in specifications, which must be in writing, the seller will endeavor to comply but seller reserves the right to make a charge to the purchaser of not less than 10% of the price of the merchandise. Changes may be made only if feasible and at seller’s sole option. No orders should be cancelled or modified within 45 days of the schedule-shipping day.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Elivana Accents and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service when you cease using our website.
SECTION 19 - ENTIRE AGREEMENT
The failure of us 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 in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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).
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of:
174 W 4th Street suite #154
New York New York US 10014.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org