Terms of Service

Overview

Welcome to elty! The terms “we,” “us,” and “our” refer to elty, operated by EcomWhale LLC. elty operates this store and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with exceptional shopping experiences (“Services”). elty is powered by Shopify, which enables us to provide the Services.

These Terms of Service, along with any policies they refer to (“Terms”), describe your rights and obligations while using the Services. By visiting, interacting with, or using our Services, you agree to comply with these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.

Section 1 – Access and account

By accepting these Terms, you confirm that you have reached the age of majority in your country of residence or that you have consented to the use of the Services by your minor dependents on devices that you own or manage.

To use the Services, you may be asked to provide information such as email address, billing, payment, and shipping details. You warrant that all information provided is accurate, current, and complete. You are solely responsible for the security of your account login information and for all activity on your account.

Section 2 – Our products

We make every effort to provide accurate descriptions and images of products. However, the appearance of products (including colors) may vary depending on the device and its settings. We do not guarantee that products will meet your expectations or look exactly as presented online.

All descriptions and prices are subject to change at any time without notice. We reserve the right to withdraw any product or limit available quantities for any person, region, or jurisdiction.

Section 3 – Orders

By placing an order, you are making an offer to purchase. elty reserves the right to accept or reject your order for any reason. An order is accepted only after we confirm its acceptance and process the payment.

Before placing an order, please check it carefully. Once the order is accepted, we may not be able to fulfill cancellation requests. If we cannot accept, change, or must cancel your order, we will try to notify you using the provided contact information.

Right of return and withdrawal from the contract

If you are not fully satisfied with the product, please contact us, and we will try to resolve the issue. Purchases are subject to our Return Policy.

Customers in the EU and the UK have a statutory right to withdraw from the purchase within 14 days of receiving the goods, without providing a reason.

Customers in New Zealand are entitled to appropriate legal remedies under the Consumer Guarantees Act.

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

Section 4 – Prices and Billing

All prices displayed on our site are in the local currency of the country from which you are shopping. Prices include all applicable taxes, VAT, and mandatory fees required by law in that country. The total price visible during checkout is the final amount you will be charged for your order.

Shipping and handling costs, if applicable, are calculated and displayed separately during checkout before confirming the purchase. The price applicable to your order will also be confirmed in the order confirmation email.

You agree to provide accurate and up-to-date billing and payment information. By submitting payment information, you confirm that you are authorized to use the selected payment method and agree to the charges displayed during checkout.

Section 5 – Shipping and Delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by couriers, customs clearance, or events beyond our control.

All orders are shipped to the delivery address provided by you. It is your responsibility to track the shipment and ensure that someone is present to receive it. In some cases, deliveries may be made without a signature, and the courier may leave the package in a safe place and provide photographic or electronic proof of delivery.

Upon confirmation of delivery by the courier to the provided address, including appropriate proof, the responsibility for the package passes to you. We are not responsible for loss, theft, or damage after confirmed delivery.

Section 6 – Intellectual Property

All content in our Services, including trademarks, texts, images, graphics, and designs, is the property of elty or its licensors and is protected by intellectual property laws. You may use the Services only for personal and non-commercial purposes.

You may not reproduce, distribute, modify, publicly display, or otherwise use our content without prior written consent. All rights not expressly granted are reserved.

Section 7 – Optional tools

We may provide access to tools offered by third parties that are provided on an "as is" and "as available" basis. We do not control these tools and are not responsible for any issues arising from their use.

Section 8 – Links to third-party sites

Our Services may contain links to third-party websites. We are not responsible for the content, accuracy, or policies of those sites. Accessing third-party sites is at your own risk.

Section 9 – Relationship with Shopify

elty is powered by Shopify. However, sales and purchases are processed directly with elty . Shopify is not responsible for your transactions, and by using the Services, you release Shopify from any claims related to your purchases.

Section 10 – Privacy policy

Your personal data is collected and processed in accordance with our Privacy Policy. Since our Services are hosted by Shopify, some of your data may also be processed in accordance with Shopify's Privacy Policy.

Section 11 – Feedback and suggestions

Any feedback, suggestions, or ideas submitted by you may be used by elty without compensation. By submitting feedback, you confirm that you have the rights to submit it and that it does not violate the rights of any third parties.

Section 12 – Errors, inaccuracies, and omissions

From time to time, information in our Services may contain errors or omissions. We reserve the right to correct, update information, or cancel orders as necessary.

Section 13 – Prohibited use

You may use the Services only for lawful purposes. Prohibited use includes violating laws, infringing intellectual property, harassing or defaming others, transmitting harmful code, sending spam, or disrupting security features. We reserve the right to suspend or terminate accounts that violate these rules.

Section 14 – Termination of the agreement

We may terminate your access to the Services at any time, without notice. Provisions regarding intellectual property, liability, indemnification, governing law, and any terms that by their nature should remain in effect will continue to apply.

Section 15 – Exclusion of warranty

Unless otherwise stated, the Services and all products are provided on an "as is" and "as available" basis, without any warranties. We do not guarantee uninterrupted, error-free, or secure access. Some jurisdictions may not allow warranty exclusions, so some provisions may not apply.

Section 16 – Limitation of Liability

To the fullest extent permitted by law, elty, its affiliates, employees, and service providers are not liable for any indirect, incidental, special, or consequential damages, including lost profits, data, or savings, arising from the use of the Services or products.

Section 17 – Indemnification

You agree to indemnify and hold elty, Shopify, and their affiliates, directors, and employees harmless from any claims or damages arising from your violation of these Terms or misuse of the Services.

Section 18 – Severability of Provisions

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in effect.

Section 19 – Waiver of Rights; Entire Agreement

The failure to enforce any right arising from these Terms does not constitute a waiver of that right. These Terms, along with our policies, constitute the entire agreement between you and elty.

Section 20 – Assignment

You may not transfer these Terms without our consent. We may assign or transfer these Terms without notice.

Section 21 – Governing Law

These Terms of Service are governed by the applicable law and are interpreted in accordance with its provisions.

Section 22 – Headings

Headings are for convenience only and do not affect the interpretation of the provisions.

Section 23 – Changes to the Terms of Service

We may update or modify these Terms at any time by posting changes on our website. It is your responsibility to review them periodically. Continued use of the Services after changes are posted constitutes acceptance of those changes.

Section 24 – Cookies

We use cookies and similar technologies to enhance your browsing experience, analyze site traffic, and improve its functionality. More details and information on managing cookies can be found in our Cookie Policy and Privacy Policy.

Section 25 – Contact Information

Questions regarding these Terms should be directed to:

Detailed information regarding returns, refunds, and the right to withdraw from the contract can also be found in our Return Policy.